Legal questions on Labour

Industrial bond breaking procedure

Hello sir, I am a mechanical engineer. I am working in japanese MNC company as a temporary employee for more than 6 years. First 3years I was working as machine operater. And I moved to R&D department through internal interview. After entered into R&D department I got a chance to go to Japan for internship training through the company. The training period was one year. During that time my ...

Challenging High Court Single bench Order on a Writ Petition

Hello. Were can I challenge High court Single bench Order. The order was passed on a Writ Petition. 1) Should I appeal to a division bench of High Court or 2) Should I appraoch Supreme Court. The company had challenged a Interlocutary Order of lower court in HC. In high court, Hon'ble Judge had offered a middle way to both parties subject to a undertaking from company Lawyer on certai...

Disparity in fixation in ROPA2019

Sub: Disparity in fixation of Basic Pay under ROPA-2019 Sir, With due respect, I beg to state you that I have been serving as headmaster of H.S. school since 19/5/2010 on 01/01/2016 my Basic Pay as per ROPA-2009 was 24600(Pay in P.B.19000+ G.P.5400+AGP200). If fixation is done on this B.P. as per ROPA-2019, the new B.P. will be 24600x2.57=63222. It will be level 16 and next higher level B.P...

Reservation

*A direct recruitment exam: 105 vacancy-two kinds of job: 1)Section officer grade I: 60 vacancies(UR-33;obc-9;sc-1;st-17) 2)Section officer grade II:45 vacancies(UR-20;obc-7;sc-1;st17) *cut-off,in the notification itself: general studies+english(MCQ): 40%(irrespective of category)-not included in the final merit list technical written: UR- 35%; OBC-30%; SC/ST-25% *NB: it was specifically ...

Technical Resignation from Indian Railways

I worked in Indian Railways for 6 years, While on EOL, I applied for another post in AIIMS, without applying for NOC. I had a bond that I will serve Govt of India for three years after EOL. I worked for one ear after joining back after EOL. Now I got selected and submitted technical resignation application. Medical Director accepted resignation, but didnt approve technical resignation. Principa...

Unable to pay Bond in PSU

Hi all, I was a fixed term employee of a PSU whose condition is very uncertain as everyday some news comes about disinvestment, privatisation and shutdown if not privatized. They haven't given any benefit as per the rules of FTE. Everyday we were facing discrimination among FTE and Permanent people. I left the organization by intimating them through mail with my proper concerns. They didn't ...

Maternity benefit

Hi Sir/Madam, My wife is working in a small IT firm for more than a year consisting of more than 30 members. Now she is in her 8th month pregnancy. During her 6th month pregnancy, doctor had advised her to take bed rest due to medical condition. During that time, her employer has given 2 months loss of pay leaves with a conditions that he can only give 4 month maternity leaves with 50% salary...

Employer refused to provide experience letter

I got offer to join as a 'Partner' from founders of a Startup company. We decided to share equal profit as it comes. When I joined, they have not provided offer letter and I did not ask for the same. Because thought, I don't need it as I was joining as a Partner. In the duration of 1 year, many time I requested to initiate legal procedure of a partnership, but founders were delaying anyho...

Reduced Retirement Age from 62 to 60 Years

Hi, I am requesting an answer on behalf on my father My father was working at NIT, Bhopal as Asst. Director Physical Education (SAS Officer) and his retirement was due at the age 62 years as per the norms of NIT Council. His retirement was due in December 2021, but he was given retirement on attaining the age of 60 (which he completed on December 2019) citing the reason that he does not ...

Resignation after 15days of joining

Good evening sir, 15 days back I joined in mid scale company.before joining I accept the offer letter through my personal mail.in offer letter they did not told about original certificates submission to the employer. Mentioned about sign on bond only, but not mentioned duration details (3years agreement during recruitment process) During the joining day they didn't give any appointment lette...

Full and Final Settlement not done

Rohit Bhatt Company- Teleperformance Gurgaon Plot 574-575 After 92 days i am getting my Full and Final Clearance worth Rs. 25637. While, as earlier described over the same email amount against F&F is to be released worth Rs. 50920. It's crystal and clear deposit and debit. I connected my RM and other authorities for the same but they are now giving rough excuses for this big loss of mine....

I dont want to pay to employee

Dear Sir / Mam, I started a small office in feb 2019, hired 1 girl and gave her only offer letter and mentioned only you have to join on this date with mentioned documents. She joined and work for around 9 months. first 5 6 months we gave her salary after that we told her to work on only commission based. meanwhile 2 more employee been joined and their next month also on commission based. ...

Orally terminated from service in een. Instituion

I joined in a physical education college as principal in August 2016, after awarded my doctorate in physical education (at that time I am working in Andhra University). Several requests from college management, because the college was started in 2015 and a malpractice with students marks, as the result the affiliation of the college was pending. I took the situation as a challenge, everything...

Legality of Departmental Disciplinary Action

Greetings to all the esteemed lawyers on this site. I am a Government Servant from the state of Tamil Nadu. Recently I had been on leave on loss of pay for a period of 10 months to facilitate preparation for a competitive examination. Initially I had applied and obtained the permission of the Competent Authority for leave on loss of pay for a period of 3 months. Thereafter, I had send appropria...

Mental harresment and threatening for transfer

I am a banker and in 2017 posted in a branch after the previous manager put under suspension of doing some fradujent loans ... I was told to rectify all the loans .. as there is a compliance certificate we have to submit I wrote everything that I found wrong doings in the branch... I was than put under pressure that no need to esclate the loans and all wrong doing . I denied as I have to tell e...

Issue at work place to avail maternity leave

I am 28 years old women, I am workng with a firm from past 3 years now. Currently I am 8 months pregnant and due to my low lying placenta my doctor has suggetsed me to not to travel to work and work from home till the condition gets better. I am working from home from past 2 and half months and will have to continue the same as per my doctor's suggestion. I wrote a mail stating to extend th...

Issue related to delay in court decision

Sir in 1997, I was teaching in a private degree college. When college came under state government ownership, most of the staff members also became Government employee on the recommendation of College management. I was selected as sociology lecturer. After 1 month of joining, a Bureaucratic team from Lucknow came on investigation of College. They were demanding bribe to govermentise the staff me...

Leave without serving notice period

Dear Sir Please help me i have very thankful to you. I have left from my company without serving notice period of 1 month within probation period of 3 month my joining is 12th August 2019 and left on 11th November 2019. Also company issue me the Offer letter with mentioned that "there are probation period of 3 month" and not issue me the Appointment Letter. On 28th November 2019 company iss...

My salary is with held by principal without prior notice.

I m deputed to higher education (pH.d) for one year from 1/8/2019 to 31/7/2020. In my order copy college authority mentioned that I have to submit my research progress report for every 6 months. Principal insist me to do NBA work even though I relive ( Ph.D study)from college. He also told that any information from hod or my either via mail or WhatsApp you come and do the work in college. So...

Deducted prp and bonus - whether i am eligible for my bonus, prp and earned leaves or not?

Hello Ma'am/Sir. I have joined a company in India on 1st July 2018, they gave me an appointment letter and Annexure with a package of 6 lakhs per annum. After 5 months of joining they changed the CTC structure and provide us a letter about change in structure, according to the new Annexure, Bonus @8.33% of Gross Salary, Performance-related Pay (PRP) @10% of Gross Salary, and PF (Employee's and ...