Suit claiming damages and criminal case

sir

7,8,9 pages

sir

  last 3 pages

Dear sir

 i again  submited  zip folder.

Regrds

Muralimohan

The appeal is filed under Sec 48{3} of SE Act of AP. Copy of the Act is enclosed. You may obtain the latest version form Dept. of Labor or market and relate.

48. Appointment of authority to hear and decide appeals arising out of termination of services :-

Appointment of authority to hear and decide appeals arising out of termination of services :-

(3) Provided that the second appeal shall not be entertained unless the employer deposits the entire amount of back wages as ordered by the appellate authority under sub section (2) or the amount of compensation ordered as the case may be:

{ Has the company deposited the amount of compensation and wages?? Approach your lawyer and let your lawyer submit a fitting reply}

Provided further that if the second appeal is against the order of reinstatement given by the appellate authority under sub section (2), the employee shall be entitled to wages last drawn by him during the pendency of the proceedings before appellate authority.

Your statement that “Company will not   have right to make a delly counter for DCL” is not understood. If it is true that company can not then you should protest and agitate. Your lawyer would know the nuances of the Act of your state and can guide you better. You may check with your lawyer and if it is true let you and your lawyer protest. The appellate authority shall not go against the act and law.

You should protest and agitate and plead not to allow condoning the delay.

It is felt that you had submitted copy of the judgment of ACL to your company immediately and after that your company had reinstated your services. So how can company state that judgment was not received. Moreover if you have submitted certified copy of the judgment {not a photocopy} your protest should carry more weight.

If the company has contested the case before ACL and judgment was pronounced it is  

its duty to apply in time for copy of the judgment on its own also.

You may check:

- on which Date Company applied for copy of the judgment?

-on which date you applied for the copy of the judgment?

-On which date you supplied copy of the judgment to the company? You supplied the photocopy or certified copy?

If company has applied for the copy of the judgment after you supplied the copy of judgment then what was company doing till then.

The above is important as the order of ACL is dated 23.05.2012 and One Sunil Wali has stated at point number 5 that on receiving instructions from HO he reached the Vishakhapattanam Branch on 04.09.2012 and that the order of ACL was received by the company on 14.06.2011 { seems to be tying error as it should have been 14.06.2012}. However if the order was received on 14.06.2012 then on which date company filed to get the certified copy?

Do not leave any opportunity to tame, shame, defeat the company during the proceedings. Has the DCL awarded any fine also?

You should counter all ground for condo nation of delay quoted by the company with your facts and defeat the company at this moment. Let the DCL have felt the wrong deed of the company at every moment.

The order of the authority shall be binding on employer and employee. Hence you should be alert.

Is the company paying you salary, deducting PF etc??

Has the company assigned you same duties, same set of conditions….or is it playing games and indulging in indiscrimination and is adopting vindictive, zealous approach and has maalafide intentions. Re cord everything .You may need to prove malalfide intentions later.

Valuable advice of the learned experts/members is sought.

If the copy of the judgment/order of ALC was received on 14.06.2012 {as stated by one Sunil Wali}, then what was company doing from 14.06.2012 to 04.09.2012 {Sunil Wali has stated that he reached Vishakhapattanam Branch on 04.09.2012}. This is a huge period.

Agitate and protest against condonation of delay.

Valuable advice of learned experts/members is sought.

Dear sir

 Today Dcl given by order Compnay submted the Delay counter  suspenstioned. ..DCL sayes its very  late.its mantdery for Labour act. only with in 1 month. other wise not receved a counter ..

Thanks & regrds

Murali

When you write your post kindly write it carefully so that it is grammatically correct and it can be easily understood.

Probably what you want to convey in your latest post is that the counter reply of the company is not accepted and delay is not condoned.

Now you may approach your lawyer and push for granting you the benefit of back wages, and do not give breathing time to the company.

Attach the petition filed by you.

Has the company started supplying you the salary slip, salary, and made your PF and gratuity a/c regular.

Obtain the confirmation from company in writing.

Dear murali,

please attach your first appeal in the forum

i personally needs this to know the grounds taken by you.

please attach the same.

Regards,

rk

Kindly update the status.

In letter dated July12, 2012 the Human Resource Department has asked you to resume your employment.

In the last lines of this letter it is stated that” You will continue to be governed by ……………standing orders of the Human Resource Department of the company.”

Has the company displayed the standing orders on the notice board?

You may demand (in writing under acknowledgment) the certified copy of the standing orders of the company from this man and affirm to pay the reasonable cost say Rs.10/--- for getting the certified copy, and mention that if standing orders are not certified then company should state so in writing and confirm that Model Standing orders are applicable and company should supply you the certified copy of Model Standing orders it refers to and it follows.

Let them state that there are no standing orders applicable of the company or the certified copy is not displayed on notice board of the company or certified copy of the standing orders will not be supplied or policy of the Human Resource Department be treated as standing orders or standing orders are not certified and model standing orders are applicable or whatever this want to state.

If this man does not adhere and does not supply the certified copy of the standing orders you may escalate your demand to your appointing authority/MD/Chairman/Company Secretary in the company.

You may discuss with your lawyer and if your lawyer agrees the standing orders quoted by the company in its letter may be demanded to be produced in the court.

Model Standing Orders are attached:

13.          Termination of employment,  14.      Disciplinary action for misconduct,  15.         Complaints,  17.   Liability of 17[employer].--,  18.                Exhibition of standing orders.—