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Querist : Anonymous (Querist) 11 December 2009 This query is : Resolved
We are working as dev.officer in a general ins. co.in our service condition the employer can deduct my increment if we does not acheive our targets.As per rules before deducting them he has to give a WARNING LETTER to us. But he has not given us that letter & issued the orders to deduct the increments.
Is it legal?
How can we get relief & from where & under which rule?

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aman kumar (Expert) 11 December 2009
if your company As per rules before deducting them he has to give a WARNING LETTER to you. But he has not given you that letter & issued the orders to deduct the increments.
under natural justice NO ONE CAN PUNISHED BEFORE PROCEDURE SET UP BY LAW IS NOT FALLOWED U CAN GO TO C.A.T. OR SC AS WRIT

H. S. Thukral (Expert) 11 December 2009
By virtue of Supreme Court in SK Verma case 1984 AIR 1462 the DO in LIC were held to be workmen. You can take advantage of the law and move under industrial disputes act. If you are moving in a group raise and Industrial Dispute and if you are an individual then file an application before the Labour Court under section 33C (2) for recovery of the deducted amount.

Raj Kumar Makkad (Expert) 11 December 2009
I do agree with Harbhajan.

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