can reply of one be subsequently deemed reply of all

Insist for decision on memorial and reply to your email, and personal appearance of Chairman since he is the only authority who can decide memorial.

From your posts, It appears, that the management shall not budge from their stand i.e. your memorial shall not be initiated or decided, although you have been clamoring for it, and chairman shall not attend conciliation proceedings, and your RTI applications shall continue to be rejected.

Until or unless a court order is issued, perhaps nothing shall be done.

You have pointed out the anomalies and that reply (in fact a rejection) to RTI application is backdated by 50 days.

You have made ministry aware that while other companies do not have any memorial pending, your company is hiding behind a written rule/clause that there is no specific time schedule assigned for initiating or deciding memorial, still the ministry apparently has not issued any communication or warning to the chairman or company to decide your memorial and also to take action in case of bribe takers/offenders against whom the charges have been proved and their superiors who have allowed them increments, promotions, and also the chairman who has been supplied facts by you. This is absolute lawlessness.

It has become a case between two unequal’s, where one is exercising clout and might and authority of the chair to subdue the other. Persist and you shall be able to avail justice. It shall be worth the effort.

You have been fighting a long and protracted battle and there is surely an effort to tire you and let the case die its own death.

You have collected enough record and material, and now you need to add punch. You know your case. It may be worth the effort to lodge a complaint with records with the PM, to initiate action and conclude within reasonable time.

Your posts are read carefully. Before the matter is referred to labor court the chairman and company has hurriedly decided your memorial.

It is noted that the order of dismissal has been withdrawn.

It is realized that one and all in the company including chairman has tried to convert the defeat into victory by a transfer order. Probably they are trying to find some solace by adding pain to the injury.

They have virtually declared that they shall not reform.

While the chairman has not apparently issued any order of penalty, dismissal, recoveries from offenders caught red handed, and has also not issued orders to lodge criminal cases against them, although as posted by you the cases are lying in "Thanda Basta" for many years, chairman has displayed extra agility in issuing your transfer orders, without quoting any rules ,and without expressing a single word of regret that an honest employee of vintage 20 years was subjected to acts of aggression for years, under his very nose and with his full knowledge.

It reminds of an incident which happened in premier institute of the country "A.I.I.M.S" All India Institute of Medical Sciences, New Delhi. The Health Minister one Ramadoss, nurtured a grude against the Director, a highly skilled, able, decorated, specialist Heart Surgeon Dr. Venugopal, of world repute and one of the finest in the world, and did not leave a single stone unturned to remove the director unceremoniously.

Instead of thanking, for his immense service to the country, humanity., the director  Dr. Venugopal, a revered teacher, mentor, who has been  credited many firsts, this Ramadoss, took extra pain to step on the toes of a doctor, and did not hide that being a political chairman/minister he shall conduct a show of authority of his chair. The staff, of the institute displayed unwavering support to their head, and apex court intervened.

The Chairman/minister instead of caring for his duty that comes with chair wasted all resources of his ministry and to amend the rules to retire the director/doctor.

If a gardener does gardening after retirement it is understood, if a doctor/surgeon who could still operate, as his eyes has not failed, and his hands do not shake, and he is one of the very few masters in the universe who can save human lives, and can produce experts/surgeons for the country, is forced to go in oblivion, then it is a matter of national shame. Instead of getting rid of honest citizens, the country should get rid of such chairmen/managers in chair.

S.S.Hira has stated “your memorial dated 25.05.2011 submitted by you, while your memorial is of 25.05.2010.” He has apparently shown extra concern to demonstrate to the ALC that they have taken decision in less than a month and hence they after the exposure of their misdeeds,they have faired better than other 3 GI companies including OIC.

You have raised relevant points to include the letters of transfer and other communications in the conciliation process, to call Chairman in the proceedings, the order of transfer be termed illegal and void, that post of Hindi Translator is not transferable, and by the order of transfer Chairman is  willfully, intentionally, loudly announcing that the workman shall not spared form continued harassment, since he has exposed the managers of chairman, and now someone shall rise and raise the matter by way of writ or petition or appeal to judiciary, media, or PM/President.

The chairman who is supposed to be wise and unbiased may probably write many orders.

It is heartfelt that you are strong and competent to thwart the excesses.

Your post are read with interest and it is for sure that your case shall become a model one to quote. Kindly do not give up your crusade. Many shall join you.

As per your post, Chairman's order on your memorial is dated 09.06.2011,  and is received by you (by post...........ordinary post also does not take 14 days to reach) on 24.06.2011.

Before the order is supplied to you company has filed a caveat dated 21.06.2011, to virtually restrain you from seeking urgent relied from high court.

Chairman has virtually maintained the order, except that workman be reinstated without any back wages, and be transferred. Chairman has agreed to Life Insurance Corporation of India, that workman did not deserve capital punishment , hence dismissal order be cancelled, and workman may be ordered on his behalf to report for duty thousands of miles away, without any right to claim back wages. Chairman has agreed that his managers were wrong, and misused the powers granted to chair on which they sat and squatted, but did not order any loss of pay for them, and to pay the workman from the interest of income gathered from corruption for which they were caught red handed.

Chairman has virtually ordered that his managers shall continue with their illegal activities and any one, who shall raise his voice or collect proof, shall be subjected to years of torment.

There are lots of movies in which the warden calls his inmates girls and lord over them by his rule and loudly states this is a lawful place and his word is law and shall rule by his word.

You know your case and the details, and you have enough evidence, record, details, and data. Please proceed with ID, include the decision on memorial and transfer order, and fight for reversal of orders.

Kindly involve the PMO to decide on the cases of corruption.

In your post  dated 12th July, 2011 you have pointed out that:

"ALC brought the attention of respondents to petition dated 27.06.2011 of workman in which he has invoked section 33(1) (a) of the Industrial Disputes Act on the ground that respondents have issued him transfer orders thereby violating his service conditions without permission of the authority with which the dispute has been pending, he stated  there is penal provision in the said section."

Lawful authority, the  ALC has cautioned the company thru its representatives in full forum of law, about violation and consequent penalty and punishment.

To comply with the advice or to stand volt faced is the choice of company. It is certain if they violate they shall have to prostrate to the penalty and punishment.

Kindly remember to cite at appropriate time the comments of ALC as mentioned in your post, and ask for compounded punishment for the willful and intentional default.

NIACL has rejected the advice of ALC to go for voluntary arbitration. While you had accepted the suggestion of ALC.

Obviously, company and its representatives including those who do not want you to be reinstated at Ajmer/Rajasthan, do not want early resolution. They are adopting, delay and dispose tactics, to avoid penalty and punishment. However it shall be impossible to evade penalty and punishment, and escape from consequences.

You have been empowered to knock at the doors of President of republic for citizens of India by reply to your RTI application.

You can quote that Chairman and his representatives from NIACL have rejected the advice of ALC to go for voluntary arbitration.

The evidences of corruption can be submitted to new Chairman and see what action is taken.

Chairman Ramadoss can be called in LC in indivisual capacity since as posted in your posts he has flouted the norms.LC can send summons at his residential address.

You have posted that company has not supplied the salary slip in original. Why?

How the salary a/c is shown in negative implying you owe monies to company? Have you been supplied details?

Who is the concerned authority responsible for supplying salary slip/details at your doorstep, since you are given any seat in office? Has this official or his reporting authority or HOD in HO or supreme authority at HO e.g. Chairman made a note and issued order to supply the same?

An immediate action by labor authorities should be ensured.If there is no response to your email, yiu can meet them and explain the gravity of the offending approach in person.

The points raised in your post are preturbing.

The norms/rules have been flouted. Corrupt have been shileded.offenders have been in collusion.Your representations are not fetching you aimed relief. The employer/CVC is not acting on proofs.

You have all the reason to lodge apetition with PM/President and you should do it.
 

ALC had recommended voluntary arbitration. You had accepted the suggestion of ALC. NIACL management declined to accept the advice of voluntary arbitration .ALC had recorded your acceptance and refusal of management in his report.

Now the ID is referred to LC Ajmer. As per the schedule posted by you LC shall not hear the complaint of corruption you have raised.

As per the suggestion of lawyer you need to file separate complaint. Many corrupt are being punished these days and media is full of such news.

Your gratuity and PF was forfeited. You can evaluate the option of lodging a grievance with statutory authority and RPFC/CPFC

www.epfindia.gov.in 

 (online complaints portal EPFiGMS) Kindly go thru the website and you shall find all addresses with contact details, email id's, phone numbers of PRO,RPFC,CPIO etc.

https://labour.nic.in/clc/

A.L.Cs(C) are also controlling authorities under the payment of Gratuity Act (sec.3)

N.K.Gupta came for a walk in Garden?

Kindly submit your contention also that company should have come prepared and on next date this N.K.Gupta must file written authorization order,and maintain one file and keep record of all delays, variances, fines paid by company.

Persist, Persist,Persist...........persuade, reason  with all your might. Remain firm.

Put up logic, quote from law. Courts are not dumb. God is with you.

Persist and agitate with full force. Thwart all attempts of offender to subdue you. God is with you.