s.subramanian's Expert Profile

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ajmani.vaibhav@gmail.com says : Whether 304A involves moral turpitude
In case of road accident , resulting in death of other party,whether moral turpitude is involved or not. Site some case laws Thank you sir

Member (Account Deleted) says : Time frame to condcut domestic inquiry
# ime frame to conduct domestic inquiries Dear Sir, We want your advise on matter /point of delay in conducting domestic inquiry. The scenario is as under:- 1. The unionized workers of our factory went on sit in strike from 04.04.2007 to 12.04.2007 ( exactly before 3years and 10 months). 2. On 13.04.2007, we have asked striking workers to give undertaking to management and resume on duty. 3. Thereafter many times we have appealed workers to withdraw and resume strike but no one is turned back. 4. After passing of 17 months, on 8 Dec 2008, management have issued charge sheets to all workers through RPAD/UPC. 5. All posts returned back to management with various remarks of postmaster like Addressee is not traceable, refused to accept etc & management have filed the same. 6. Now the matter is on board Vide no IDA/05/2007, on stage to lead and record evidences. In 1st date we have produced in court, evidences of, muster roll, notice displayed, return mails, etc. 7. Further in our claim of statement we have prayed to court that, That it be declared cessation of work in combination and concert and under the common understanding resorted to by a section of workman of the first shift on 4th April 2007 and continued by section of employees in general, second and third shifts and whose names are set out in Annexture- A, on 4th April 2007 and thereafter continued on day to day till withdrawn is illegal and unjustified strike. That it be further declared that the workmen whose names are set out in the list of Annexture A are not entitled to any wages or benefits on and with effect from 4th April 2007 and thereafter for each day til the illegal strike is withdraw. For direction or mandatory order directing the workman list in Annexture A, be unconditionally and unequivocally withdraw the illegal strike execute undertaking in terms set out in notice dated 12th April 2007 and to resume full normal duties. Cost be granted. Any other and further relief as this honorable court may deem fit and proper. We apprehend that court can give speaking order to management to take on duty to striking employees at any stage and examine the intention of both parties. For this management is not prepared to face the music. In view of above mentioned you are requested to advise on the issue. a) Is it advisable and legal to conduct the inquiry after about 4 years of misconduct ? b) Could it be legal if after conducting of inquiry if workers are dismissed and Challenge the dismissal orders? c) Whether we should again issue of charge sheet to the worker as earlier send in Dec 2008 or frame new one adding the charges of illegal absent from duty from 3years and 10 months?. d) Whether the inquiry initiated after such long period would consider it legal and proper ? Thanking you in advance for the time and your valuable advice. Regards Meman

JITENDRA RAMBHIA says : PLS GUIDE
i am staying in ghatkopar mumbai in pagdi system from 1976, and all rent recipt till date with me . Landlord owner died in 2004 and his son and brother sold property to builder for development and from 4 brother one brother is live and has put case of 1/3 right in property .we has recd notice when this people sold property and rent is to paid to builder and he is collecting rent 6 year .and 2nd notice recd from brother of land lord say ing this cousins have cheated him and sold property .so may also loss of ur house .As i am an tenent and paying regular rent why shld i suffer between them.WHO IS CALLED of property builder who collect rent or person who has filed case.as builder is not communicating as several time contacted here for problem what can i do .and what right an tenant recd during development of building (addition area + corpus fund + rent )from builder .and if any damage is happen in buildng and life goes who is responsible builder or person who has filed case.Kindly let me know waiting for reply from experts . thanking you

seeking advice for divorce says : salary vs income
sir, my husband is a leading neurologist in chennai. when i filed for maintenence, he stated in the court that he is earning only 25k per month. he has made several path breaking operatiions. how do i find out about his income and prove it in the court?

Member (Account Deleted) says : Time frame to conduct domestic inquiries
Dear Sir, We want your advise on matter /point of delay in conducting domestic inquiry. The scenario is as under:- 1. The unionized workers of our factory went on sit in strike from 04.04.2007 to 12.04.2007 ( exactly before 3years and 10 months). 2. On 13.04.2007, we have asked striking workers to give undertaking to management and resume on duty. 3. Thereafter many times we have appealed workers to withdraw and resume strike but no one is turned back. 4. After passing of 17 months, on 8 Dec 2008, management have issued charge sheets to all workers through RPAD/UPC. 5. All posts returned back to management with various remarks of postmaster like Addressee is not traceable, refused to accept etc & management have filed the same. 6. Now the matter is on board Vide no IDA/05/2007, on stage to lead and record evidences. In 1st date we have produced in court, evidences of, muster roll, notice displayed, return mails, etc. 7. Further in our claim of statement we have prayed to court that, That it be declared cessation of work in combination and concert and under the common understanding resorted to by a section of workman of the first shift on 4th April 2007 and continued by section of employees in general, second and third shifts and whose names are set out in Annexture- A, on 4th April 2007 and thereafter continued on day to day till withdrawn is illegal and unjustified strike. That it be further declared that the workmen whose names are set out in the list of Annexture A are not entitled to any wages or benefits on and with effect from 4th April 2007 and thereafter for each day til the illegal strike is withdraw. For direction or mandatory order directing the workman list in Annexture A, be unconditionally and unequivocally withdraw the illegal strike execute undertaking in terms set out in notice dated 12th April 2007 and to resume full normal duties. Cost be granted. Any other and further relief as this honorable court may deem fit and proper. We apprehend that court can give speaking order to management to take on duty to striking employees at any stage and examine the intention of both parties. For this management is not prepared to face the music. In view of above mentioned you are requested to advise on the issue. a) Is it advisable and legal to conduct the inquiry after about 4 years of misconduct ? b) Could it be legal if after conducting of inquiry if workers are dismissed and Challenge the dismissal orders? c) Whether we should again issue of charge sheet to the worker as earlier send in Dec 2008 or frame new one adding the charges of illegal absent from duty from 3years and 10 months?. d) Whether the inquiry initiated after such long period would consider it legal and proper ? Thanking you in advance for the time and your valuable advice. Regards Meman

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