Sample Questions – Employer Employee Relationship

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Q1. Is Bonus right of every employee. For calculating bonus does the interest earned by Company in FDRs is also to be counted.

A. Bonus is something given in addition to what is usual or strictly due; money or anything given in addition to an employee’s usual pay or salary. The payment of Bonus Act 1965 provides for payment of bonus to persons employed in a factory and in every other establishment employing twenty or more persons. In calculating bonus, interest earned by a company on fixed deposits is to be excluded.

Q2. I am a Research Scientist working in University of Delhi. I have been working on various projects for a period of five years. Do I have a right to be regularized?

A. Being a Research Scientist though you don’t have a right to be regularized but your association with the University should be given due consideration at the time of the appointment .You stand a better chance than any other candidate.

Q3. I am a Lecturer in a College, Delhi. A person has been appointed as a Lecturer of History in my college. The person who has been appointed as not even studied History as a specialized subject in his graduation. Can his appointment be challenged ?

A. Yes, you can challenge the appointment on the ground of lack of proper qualification by filing a Petition in this regard.

Q4. I am in Government Servant working in Ministry of Defence. A Departmental Enquiry was ordered against me. I was not convicted by the report of the enquiry. My senior had again ordered enquiry into the same charges. Can he do so?

A. Your senior has no power whatsoever to order another enquiry on the basis of the same facts and materials against you. But in case some new facts and materials come into light such enquiry can be ordered.

Q5. I had been working in Pvt. Ltd. Company for 2 and half years as a permanent employee. As per the company rules I was eligible for medical and LTC benefits. When I leave the job they suppose to give me the whole Medical and LTC benefits plus 15 days salary. I had served one month notice also. They promised me to pay after some time since the financial condition of the company was not good at that time. After repeated telephonic reminder and subsequent letters they kept quiet. It is almost 2 years since then, and I came to know that this company continue to do such things with other employees also. What I can do now? Can I still get money back?

A. Yes, you can claim all the benefits, which the company has not paid you after your resignation. You can file a civil suit against the company and claim those dues. In case you are a “workman” within the definition of Industrial Disputes Act, you can file a petition under Section 33 (c) (ii) of the said Act and claim your benefits.

Q6. I am working with a government enterprises company since last 7 years on a contract basis. They renewing my contract on every year. Relation are good with my employer, but if they are not continuing my job in any case what I will do. Is there any chance to see them?

A. From your query it is not clear in which category of employment are you working, Whether you are in the “Workman” category or you are in the “Management” Cadre and whether you are employed on contract basis or otherwise. In case you are in the Management category, then the Company has every right to enter into an agreement with you on a contractual basis and continue your job till the time they want. In case you are working in the office staff then in case the company does not renew your contract then you can approach the Labour Court under the provisions of Industrial Disputes Act and seek appropriate remedy. You can ask for regularization under the Industrial Disputes Act if you are a workman as defined under the said Act.

Q7. Can any employer send his employee on forced leave for not to initiate disciplinary proceeding but to legally punish him?

A. The employer can not send an employee on forced leave without initiating any disciplinary proceedings against an employee. Only after necessary show cause or charge sheet has been issued and after holding disciplinary inquiry or proceedings, the employer can legally punish you. If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act.

Q8. What does an employees do if his employer does not make his full and final settlement of Account, once the employee leave or is forced to leave the service in the private sector. How soon and with what documents the employees should fight the case?

A. If the employee fails to receive the payment from the employer after having entered into full and final settlement of the account, the employee can file a civil suit for recovery of office dues. In case gratuity has not been paid then the employee can proceed under the provisions of Payment of Gratuity Act and then in case Provident Fund has not been released after the employee leaving, then he can proceed under the provisions of the Provident Fund Act

Q9. How to get my passport back from my previous employer?

A. It is not clear from your question, in what capacity the previous employer is holding the passport. However, it is advisable to send a letter in writing to the previous employer for return of passport. If he still does not return the same, you can lodge a criminal complaint with local police station.

Q10. What are my rights if a contract has no mention of salary breakups and the employers PF is included as part of the Gross Salary?

A. There is nothing illegal if there is no mention of salary breakup and employers PF included as part of the Gross Salary. The PF can be deducted as a Contribution of employee from the Gross Salary. In addition the employer has to contribute his share of PF subject to maximum privilege prescribed in Section 6 of Act.

Q11. My company is not relieving me. I have got a job elsewhere and want to quit the notice period of one month expired one week ago. What can/should I do?

A. If one month notice period has expired as prescribed in the contract of employment, intimate to your employer in writing that as notice period has already expired you will stop coming to their office from ______ (specific date) and also write about settling your accounts.

Q12. Kindly give the citation of the latest ruling given by Supreme Court wherein promotion has been declared as the fundamental right. The Article was published in the newspaper but no reference to the citation is available.

A. The citation and the ratio of the case you have asked for is given hereunder : Ajit Singh II v. State of Punjab, (1999) 7SCC 209 : 1999 SCC (L&S) 1239 “The word “employment ” being wider, there is no dispute that it takes within its fold, the aspect of promotions to posts above the stage of initial level of recruitment. Article 16(1) provides to every employee otherwise eligible for promotion or who comes within the zone of consideration, a fundamental right to be “considered” for promotion. Equal opportunity here means the right to be “considered ” for promotion. If a person satisfies the eligibility and zone criteria but is not considered for promotion, then there will be a clear infraction of his fundamental right to be “considered” for promotion , which is his personal right.” (para 22) “It is not possible to accept the view expressed in Ashok Kumar Gupta ,(1997) 5 SCC 201 and followed in Jagdish Lal, (1997) 6 SCC 538 and other cases, if it is intended to lay down that the right guaranteed to employees for being “considered” for promotion according to relevant rules or recruitment by promotion (i.e. whether on the basis of seniority or merit) is only a statutory right and not a fundamental right.” (Para27)

Q13. Today if I get a job and leave then they will crib about it and would refuse to pay my severeance benefits, which to me is nothing unreasonable but the cost of closing down the office and leaving people to look out for a job and unsetting. In the current circumstances, badly hit as I am, how can I safeguard my interests and make sure that I do not loose my benefits if I have to leave early.

A. You have not disclosed about your term and condition of Employment. Anyhow if the company terminates your services and they have to pay the severeance benefit as the contract. If as per the terms and conditions of your contract or service if no severeance amount or benefit is payable on resignation then you can demand the same from the company if you resign from the service. However if the company has paid the severeance benefits to other employees who have resigned then in that case if you file a case in the court of law on the ground that other person or employees have been paid the severeance benefit after they have resigned and you are accordingly entitled then you must get this severeance benefit. It is advised that persons who have resigned and have been paid severeance benefits you can collect the documents from them to show that severeance benefits were paid to the employees who have resigned from the company .

Q14. I wish to know the consequences of breach of employment bond given by an employees: On the employee himself, On the company that employs him subsequently. If the bond states that the employees can be used for criminal breach of trust on breach of the bond, how enforceable is this clause?

A. As regard the breach of the employment bond given by an employee in this regard it is advised that if an employee has signed a bond after he get specialized training from the company then a civil case can be filed against him for recovery of the amount mentioned in the bond if there is any breach. As regard the company that employs him subsequently, there is no liability of the company, which employs him subsequently. Breach of bond is not criminal breach of trust it is of civil consequences and that also have to be proved in the Court of Law. In no manner it can be termed as criminal breach of trust.

Q15. A Writ Petition was duly filed and was admitted by Honorable High Court in Oct. 1994 against wrong and illegal dismissal orders of State Bank of India and for my reinstatement too. But nothing has been done so far inspite of my various request and reminders. In this regards, what immediate step I should take to get maintenance allowances or nurse my family smoothly as well as to meet highly legal expenses till disposal of the said writ?

A. When a writ petition is filed against the illegal dismissal on termination of service legally it is not possible by any court to grant any maintenance allowance or legal expenses till disposal of the writ petition. There is no precedent in this regard nor any court pays the maintenance allowance. The only remedy available to you is to file an application for early hearing and get the matter decided as early as possible.

Q16. A civil appeal against recovery orders in lying pending in Honorable High Court. At present, neither there is any movable/immovable property in my name nor I am in position to pay the amount of recovery as ordered by Single Judge Bench or likely to be ordered in futures. Under these circumstances, what maximum severe action can be taken by this Court, in case, my appeal is not decided in my favour onwards? What are the point & steps/measures in defense in that position?

A. You have not disclosed in your query as to what order has been passed by the Appellate Court. Whether any stay has been granted by the Appellate Court or not. If any stay has been granted then what conditions. Normally when any appeal is admitted or put for hearing the Appellate Court always passes an order for payment of decretal amount with a condition that the decree holder can withdraw the amount on furnishing some security. If any order has been passed in this regard by the Appellate Court then you have to deposit the amount. If you don’t deposit the amount then normally the appeal is dismissed. If the decree passed is totally illegal then in that case you can tell the court that no amount is payable. And you also pray to the court that you are in very bad financial condition otherwise your appeal will be dismissed.

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About the Author

- Vakilno1 is a group of Law Enthusiasts and Legal Experts in India with a passion to provide the latest info and articles on Indian Legal System

Displaying 65 Comments
Have Your Say
  1. Ravi says:

    i am Ravi from Andhra pradesh. in our revenue office employ’s and school teachers, daily thy are coming so late to their offices. due to lang traveling. as per Indian law is it every govt employee should stay in their work place ? like this any rule is there ?

  2. KARTHIKEYAN says:

    DEAR sIR LAST SIX MONTHS BEFORE IAM WORKED IN ARAS PVPV HYUNDAI PASSANGER CAR DEALER THEY DID”T GIVE ME THE INSENTIVE STILL NOW WHAT CAN I DO….

  3. sumit.s.choudhary says:

    hi,i am working as G.M(operation) in a private company which started from feb.2013.i havnt been provided any authrisation letter.now due to some misunderstanding my director is denying to the bill of transport vendor.now that vendor is after me and also threatens me.what could i do?

  4. Jastej S (Team Vakilno1) says:

    you should take proper consultation by showing the requisite documents either online or by meeting some advocate personally.

  5. Shelley says:

    Dear Sir,

    Im working for a MNC PVT LTD company since last 7 years and had been a performer in my given set of objectives year after year. Currently working as Area Manager in Sales. Have earned my promotion some 3.5 years back and doing my responsibilities perfectly. Though my promotion is due over 2 years now and had been commitment failures by the company repeatedly.

    9 months ago I had taken initiatives and highlighted to my manager an unethical practice being followed by one of the dealers in my territory & had even provided the dealers’ voice recording as a proof to it. Surprisingly my senior avoided my concern that time and didn’t pay heed to it.It was also discovered that the dealer along with my sub ordinate was following the unethical practice together. The matter was known to my reporting manager. After almost 3 months of this instance my manager started harassing me to accept the ownership of the unethical business being practiced in my territory. I had refused to this as my involvement was zero and my boss was trying to put everything on me.After this everthing was working perfectly ok for 6-7 months.

    1 month ago I had gone for my marriage and was on leave for the same. when I returned from my leave my manager was not communicating to me as he used to do before and was even avoiding my calls. Sooner in next 4-5 days he called me to his office and forced me to resign without giving me even a days time to think when I had asked for. He said you resign or we will find ways to terminate you. So I got scared and shocked and eventually resigned on mail. My manager also told me we will give you 3 months notice period so that you can look for better alternatives. I was totally under shock as I had given no reason to the company for which they can terminate me and also because I had just married and was job less.Today after putting lots of effort and with mental strength I thought of taking wiser advice from you.

    Is it totally ok that an employer can force any employee to resign and create so much of undue stress on its employee after serving for 7 long years??What are the ways out to this? how should I handle this??and will any step taken against this would be fruitful to me??will the steps taken affect my future employments???

    I request for a sincere advise.

    Thanks

  6. Jastej S (Team Vakilno1) says:

    ours laws provide for effectual remedies where the employee is a Government Servant. So far as private firms/companies are concerned, we don’t have very effective laws. This is largely because of the reason that private concerns make an employment agreement with the employee wherein it is mostly written that the employment can be terminated by giving 1 or 3 months notice.

  7. Dear Sir,
    I want to know that If someone got internal promotion from the company after clearing written and interview test, can I deny for my promotion due to any reason? Because with promotion I can be transfer to another place. If not then kindly tell me the way not to receive the promotion.
    Thanks

  8. Jastej S (Team Vakilno1) says:

    you can simply deny the promotion. AS such if you are working in a private company, there is not much that you can do about it. Courts generally interfere only where Govt. jobs are involved.

  9. I am working in a listed company since 1995 as a regular employee.This listed Company had taken a contract from a Govt organization in 1998- 2012( Total 15 Years) and I have worked for this govt organization from beginning to end period of the contract. In 2012 this govt organization has changed the vendor for this work. If there is any possibilities of job for me in this govt organization because I have worked 15 years for this organization thru a listed company.

  10. mannu says:

    dear sir

    private concern in chennai, my husband was with them for the last 10 years and has got many aprisals and promotions.

    Due to their unethical and inhumanitary treatment of employees my husband got fed up with them so he resigned his job with proper procedure and got his experience and releiving letter and joined a new concern.

    This new concern turned out to be their equal competitor and so they holded all the settlements , final salary , gratuity and PF .

    We are in a bad financial state and want to find a way out of this we have consulted a lawyer and have sent him a legal notice for the settlements.

    Please suggest us some options and advice us as how to take the proceedings forward if he does not reply to the notice.

  11. Jastej S (Team Vakilno1) says:

    If its a private concern and your husband was on a managerial post, then you have to file a suit for recovery only. You can also try to approach the authorities under the Provident Funds Act and Gratuity Act. Sending a legal notice through your advocate is a move in the right direction.

  12. vijay says:

    What is the procedure of full & final of employee in pvt ltd company if the company is avoiding full & final sattelment

  13. Aron says:

    Respected sir,
    This is Aron Abraham from MUMBAI pursuing my Msc plus working as a pvt Tutor..Since iam from eductaion sector am not associated with one coaching Tutorial But working with many institute and MOSTLY most of d institute doesnt ask us to sign any bond[unless its a high reputed classes]..MY PROBLEM IS –
    I WAS working with XYZ education tutorial,He gave me an assignment to teach a student of 12th std,i started the assignment in june[within 2 days after i was Informed].
    He used to pay me directly by Depositing my money in my bank account. EverYting went smmothly until december wen he started making excuse.AND NOW he havnt paid me my remaining amount of 7000Rs, evertime i call him Either he hung my call or Txt me saying “WILL CALL U”
    Iam very much fed up. Feb exams got over, 12th results r Out, even CET results r out, inshort whole academic is finished but still he Continues to send me the same txt msg”will call u” or “WILL DO UR PAYMENT SHORTLY” and never rplies to my msgs nor to my call
    The problem is i i havnt seen him, although i have his office adress[located in MALAD]–this may sound a bit weird.let me explain, I saw his add in newspaper and called him, he told me to txt my edu qualification etc to his number and after few weeks He called me asking do accept an assignmnet to teach 12th std student. Please help. wat r the step i can pursue??

  14. Jastej S (Team Vakilno1) says:

    You can first send a legal notice through a advocate. Then you can file a suit for recovery if you want to.

  15. respected sir

    after having resigned from pvt company ,pf dept withhold my pf payment for more than 2 and half year kindly suggest me latest supreme court rulings in which supreme court rapped pf dept for unduly withholding of pf payment and directed to the dept to pay damages to the suffered employee

    thanking you

  16. ASHISH KUMAR says:

    respected sir,
    sir z , i filed lic claim in the district consumer forum ,sir i got injured in an accident and was operated upon in my right knee this whole incident occurred after i was issued my “JEEVAN AROGYA POLICY BOND” as per the policy guidelines only selective categorized surgery will be covered for reimbursement as per medical experts to which i consulted told me that this kind of surgery comes under the
    prescribed category by the LIC for reimbursement but LIC ,repudiated my MEDI-CLAIM citing ambiguous exclusion clause given in their policy booklet
    sir i am in a distress condition kindly suggest me me matching latest supreme court rulings in my given circumstances where sc rapped insurance companies for rejecting insurance claim by taking resort of ambiguous exclusion clause
    thankin u

  17. Jastej S (Team Vakilno1) says:

    Your query can be answered only in a customized manner and after going through the stands taken by you in the complaint and the stand taken by the opposite party in the reply.

  18. I am serving with a private construction company which has been contracted by another private company for completion of a project. I along with other staff has not been paid wages since last two months. What legal remedy do I have for payment of my wages besides filing a civil suit which may take years for judgement. Can I move to ‘Economic Offences Wing’? What is the fastest way to receive my compensation.

  19. Jastej S (Team Vakilno1) says:

    IF you are not on a managerial post then you can file a case in the Industrial Tribunal. Where you are on a managerial post, then you can file a complaint with the Ministry or Commerce and Industry.

  20. sir,
    i was working in a bpo sector and i left the job and also applied for pf 3 months back. As the company suggested that it will take maximum 90 days. But i could not get any amount and they are not providing any information even they given a std no. Which no one is picking up.
    So what can i do does rti will work here if yes plz. Informed me the procedure.
    Thank you

  21. Jastej S (Team Vakilno1) says:

    RTI is not applicable to private sector companies. What you can do is to send them a legal notice through an advocate for demand of your PF.

  22. R.L. PANDEY says:

    Dear sir,

    i worked in an india repute construction compnay for 18 yrs and at the behest of the management , resigned in feb,2012 from Managerial post. company is neither settling my unused Previlage leave salary ( accumulated leave up to 180 days) with the pretext that this can be encashed at the time of retirement/ supperannuation only,also notice pay compensation nor any response inspite of sevaral letter and telecon. On this i have submitted Apext court and HC case lawas wherein held ” that resign is retire” and whether writ can be filed for enforement of legal / statutory claim which employer needs to clear irrespective of terms of appointment.? Pl advise.

    Regards
    rl pandey

  23. Jastej S (Team Vakilno1) says:

    Writ can be filed where the Company is a government company. Otherwise you might have to file a recovery suit.

  24. Aman says:

    Dear Sir/ Madam
    I am Aman and i have been working as a Computer Operator since September 2006 at JNU, New Delhi on Contract basis and i am working same place till date(without transfer around 7 years). One year ago one person has appointed on regular basis against me but my office has rejected him because he was fresher & my work was satisfactory. and when i appointed here we got a letter and there written that contract person should not mark own attendance in permanent’s register but there are my senior write my name and i mark my attendance daily reunite in this register but there are another three contract labour has another register. I want to know about that can i claimed for permanent post in same place, it will be good or not for me.
    Thanks:

  25. Jastej S (Team Vakilno1) says:

    It all depends upon the rules and regulations governing the services of the employees of your company. Without adverting to such rules, it is very difficult to comment upon such issues.

  26. Arun Jindal says:

    I was working as Accounts Manager in a Automobile company

    Since Oct 2012.Due non sale of vehicles company position is not good they relive me given me seven days notice but their is 41 days gone they have not clear my one monthe and
    seven days pay. as per appointment leter they have to give me two month notice or two month pay I wanted to file a case please advice me.

  27. Jastej S (Team Vakilno1) says:

    You can file a civil suit for recovery.

  28. ARUN JINDAL says:

    where can i file a case for recovery in counsumer court/labour court and what time taken for its decision i am from chandigarh please give me advise and how much exp on it.

    Arun Jindal

  29. Jastej S (Team Vakilno1) says:

    If there is relationship of consumer and service provider, then the local District Forum of Chandigarh will have the jurisdiction. It might take around 8-10 months for the final decision of the consumer court. So far as the expenses is concerned, we cannot comment upon the fees payable to the advocate in such circumstances.

  30. Hello,
    My ex employer is not releasing my 4 months salary, saying I have caused a loss in a contract and the same shall be recovered from my pending dues.
    Fact, is the project.Contract execution was delayed by the Company , and due to dollar escalations prices had shot up.
    Please advice, if they are right in doing this.
    Regards,
    Rajesh Tewari

  31. Mohammed Hussain Malek says:

    Hello,

    My self mohammed hussain malek from surat.i am working in MNC company as Quantity Surveyor_Civil position at Baroda,Gujarat location.i just want to know that which types of legally action will be taken by me against my senior when thay have hold my salary???if anybody has answer,please guide me as earliest possible.

    Regards,
    Malek

  32. Shirley Deepak says:

    Dear Sir/Madame, My brother is a 40+ yrs old spastic working for more than 20 yrs in govt. of india undertaking . He was asked to take VRS which he refused . Presently he has received a letter from the Deo_ Admin asking him to stay at home for period not specified, during which he shall be paid his salaries and other benefits.
    what should he do? what r his rights?

  33. pramod kumar says:

    sir, i belong to indian police service,an all india service. an appointee of the president of india and hold office during the pleasure of the president of india. my service is in union list at entry 70 but presently i am working with the state govt. under cadre allotment rule. who is my employer? the state or the central govt? what does the supreme court say on this? can u give me some rulings on this.

  34. Anil says:

    Sir, I am working in a co operative bank. In my probation period itself i discounted certain LC’s which ultimately got devolved and account became NPA. Bank set up a committee for enquiry and asked us for explanation including my manager and BM. after 6 months of such inquiry i got a better opportunity and submitted my resignation. now the bank issued a letter to me and refused to give relieving. What should i do?

  35. Anil says:

    Sir, I am working in a co operative bank. In my probation period itself i discounted certain LC’s which ultimately got devolved and account became NPA. Bank set up a committee for enquiry and asked us for explanation including my manager and BM. after 6 months of such inquiry i got a better opportunity and submitted my resignation. now the bank issued a letter to me and refused to give relieving. What should i do?

  36. if employer fail to pay salary of the employee is it amounts to criminal breach of trust

  37. Anonymous says:

    Dear Sir/Madam,

    I was working with a reputed call centre as a call taking agent and in August’2012 was arrested by police under charges of rape 376, cheating 420 and information technology act. I was framed wrongly by an ill moto and always pledged innocent. I got bailed in November’2012 and contacted my company, they after keeping me on suspension for 6 months terminated me on grounds of loss of confidence because police arrested me and advised I am not a Workman in law as I work in call centre industry, can you please advise me if I have any scope to challenge them in court of law, also I am innocent and framed and my case is pending in criminal court.

  38. Diana says:

    Dear Sir,

    We are a leading FOREX company with HQ in the UK. Could you please let me know as to who intimates the bank on an employee’s resignation?
    Is the HR Department or the Finance department?
    Thank you very much in advance.

    Regards,
    Diana

  39. agnes says:

    Dear sir

    i have bee working at department of education for 7 years with fixed term contract, and recently my employer decide not to renew my contract without even giving me a notice, and i feel that is unfair dismissal as he hired other people to do my job.

  40. Fatwir says:

    I was employed by the ICICI Bank who one day terminated my services without assigning any reasons. As in the terms of employment an employee can be terminated only if he has falsified records or has breeched conditions of employment.
    My advocate states that reinstatement si impossible and may be we can ask for compensation. I have paid Rs 1 Lakh as court fee and have requested for Rs 10 Lakhs as compensation. The bank does not have any employee records and the Bank’s counsel states that the case is not Maintainable. I have repesatdly dent various mails and letters to various authorities within the bank and alkso to the RBI. RBI has replied back, the bank remains a silent spectator.

  41. SAN says:

    Hi Expert

    Need your advice on point that my last company had termed in it’s agreement that the notice period will be 2 month I got a better option and moved serving a notice period of 1 month. In my full and final sttlement they have deducted ammount for the shortfall of notice and also they are not agrreing to give me the experience latter can you please suggest can I do something to get my experience latter from them.

  42. vipin says:

    if a Govt.Employee is arrested and sent on remand whose reposibility to sent arrest intimation to the employer and intimation is not sent and same is surpressed from the emloyor what legal action can be taken against the emloyee and inspector of police who wantedly not sent arrest intimation in dowry case.. Please let me guide.

  43. shweta says:

    i resigned my previous office on 12th july 2013 due to harassment and torture of employer

    can i ask my employer to call me back to resume

  44. ajay says:

    Hi,
    I am ajay working with an mnc in noida since sep-11,There is a mismacth in my designation on OfferLtter(Sr. Software Developer) and in HR data (Software Developer).I have raised the issue once verbaly but no action has been taken from the company.
    In the year 2013 , company has done salary benchmarking to give salary on the designation basis. Due to the wrong data
    company raised my salary per Software Developer designation
    which in case should be per Sr. Software Developer ,that result in low hike in the salary(which has been confiremed by my department head) , after raising the same issue again , they have been dilly dallying in the matter and not clear about the compensation correction. After follwing more than one month the issue is as it is..

    please help me ,advice me regarding the same

  45. Your Name... says:

    main ek arop me arrest hua tha.jamanat par jail se chhuta.puri sunbai ke bad adalat se nirdosh ghosit hua.ab main ek pratiyogita pariksha me safal hua hun. main ab sarkari naukari prapt kar sakta hun ya mujhe is se banchit kiya ja sakta hai.

  46. S. Kumar says:

    I am a retired government servant. My wife and self have been living separately for the past 3 years because of irreconcilable attitudinal problem. Now that our Supreme Court has viewed live-in relationship as legal, I would like to know whether a live-in relationship will compromise my pension if i opt for it. Thanking you, in advance

  47. Saikat says:

    I am an employee of Private consultancy named Dastur.
    I have applied for LTC claim for slab 2012-13 on the month of January 2014. As the LTC can carry forwarded upto December 2014 for this slab period 2012-13.I have resigned on February 2014.
    Please tell me whether I am eligible for this claim or not.

  48. rakesh says:

    I HAVE BEEN WORKING WITH MNC PHARMA COMPANY BUT FOR THE LAST 4-5 YEARS COMPANY HAS OFFERED CHANGE DESIGNATION FROM MED. REP TO TBM,THERAPY MANAGER….WITH RISE IN PACKAGE(CTC) DIFFERENT FROM THEN EXISTING SALARY STRUCTURE WHICH WAS MUTUALLY REVISED/SETTLED BY UNION & COMPANY BUT STILL FEW MED. REP.. ARE FIGHTING FOR THEIR NEW SUBMITTED REVISED SALARY IN COURT,WHEN COMPANY HAS BEEN ACQUIRED ALONG WITH OTHER COMPANY & OPERATING IN INDIA AS THREE SEPARATE ENTITY WITH DIFFERENT SALARIES FOR SAME POST(WITH DIFFERENT NOMENCLATURE)IS THERE ANY HOPE FOR THOSE FIGHTING FOR REVISED SALARY,INTERIM RELIEF,RELIEF FROM MALAFIDE TRANSFERS DIFFICULT TO PROVE SINCE TRANSFER ANYWHERE IS IN APPOINTMENT LETTER????????

  49. Your Name... says:

    i am working with a private limited company from past 3 month i am into sales and have experience of 2.5 year. From the day i got selected i am asking my co-founders to give my offer & joining letter but after daily follow ups on mail i didn’t get my offer letter or any documents from them what should i do?
    Even i always feel like they will not give my salary if in case they don’t pay me what are the procedure’s to recover it?

  50. My elder brother worked in a company(XYZ) for almost 3 years and after leaving the job he joined a company(ABC) which was recently incorporated by a person(P) who was also an employee of the same company(XYZ) before for which my brother worked. ABC is carrying out same line of business which company XYZ does. Now, that ABC company is doing well, the XYZ company is obstructing ABC in doing business and threatening to file a suit against company ABC and also against my brother as he is the only person in company ABC who knows the business well. XYZ company is asking my brother to join their company back or he has to face the complications. What remedies are available to my brother in this case? Is the action of filing a suit by XYZ co.is tenable in law?

  51. In Industrial Disputer Act Caveat clause is there? please explain

  52. romz says:

    Sir,

    I am working under a govt sponsored project but I want to leave my job prior to the tenure 15days mentioned in the terms and condition
    So Is there any legal issue if I leave my job inspite of not taking my previous month salary?

  53. how to settled employees in pvt ltd company if company in loss and company wants to release some employee from company.

  54. manish says:

    respected sir I am a civil engineer was working with pvt ltd company for 6 months and i was asked to handover my resignation due to some financial problems of the company and i did the same. Now after 4 months of my resignation i didnt got my last month salary so what legal action i can take against them please advice me soon.

  55. Sir,
    This mail is regarding my gratuity amount.I have worked in a private holding hotel & restaurant chain for almost 5 years 11 months.i gave them proper resignation and handover.know i am trying to get my gratuity amount but they are just delaying it.i left the job in November 2013 and till know they have not paid the amount.presently i am working abroad,so unable to go to meet them face to face.please advice how to get my legitimate amount.

  56. I joined as an inspector central excise on 05-03-1982.I got my first promotion as superintendent of central excise on 12th sept. 1997, then second ACP on 1/4/2006, IIIrd MACP on 05/03/2012.I was granted non functional selection grade of 5400/- in PB-2 on sept.2013 retrrospectively from 01-01-2006 because of which I have been denied IIIrd MACP after my retierement.I requested the authority to withdraw non functional selection grade instead of IIIrd MACP which is more beneficial to me.they have not listened and deductions were made from my graduty,pension and other benefits are also reduced. please sugest the remedy

  57. Anonymous says:

    I have worked for an organisation for nearly 8 years and decided to quite the job as salaries were not paid on time and also the office got shifted very far. I got job elsewhere and I put my paper which was not accepted nor was any alternate done to take handover from me so sent an email to them on all the details and handover by email. I had to leave and join the other company, hence could not serve the 2 months notice period but served 1 1/2 months period. Now the company is not giving me any settlement and gratuity. They are saying that I have not handing over properly. I atleast want my gratuity from the company which is a huge amount for me. Is there any way for me to get my gratuity without approaching the company.

  58. RAJEEV says:

    I have a question to ask to whom i should ask

  59. lata says:

    Sir, I have been working in a automonious body under central govt for 4years. Now I am thinhing to join in a state govt Sep for the same pay scale as here in central dep. What losses would I have to face if i do so..??? Please sir, I want your help.

  60. chetan says:

    if company is not in profit in that case can we become eligible for Bonus?
    the company is Pvt Ltd.

  61. I am state govt.servant in chhatishgarh within three month my retirement date & I recive transfer order kindly suggest me furtherl legal rule

  62. Mrs. LR says:

    I have worked in public ltd company for almost 18 years, due to health issues i had resigned but my Director didnt accept my Resignation & granted my leave for almost 3 months. then after 10-15 days i received a letter from their end to put in my papers and i accepted to do the same. i received my PF & GRATUITY AFTER REPEATED mails, but still didnt receive my Full & final dues, i have been repeatedly sending mails i have got replies also that they will pay. i resigned on Oct 2012, till date i haven’t received my f&f, I had sent a letter through lawyer saying pay all dues within 15 days or will be taking action, till now i have not received any reply, Kindly advice me what i must do in this situation.I have leave appliction copies & all mails also with me.

  63. Sandesh says:

    Dear Sir/ madam,
    we are working in Pvt. Ltd. Company therefore my office staff (female) got married is there necessary to Inform to employer about marriage please advise me as earliest.

    Thank you
    Sandesh

  64. Employees are always at the receiving end. It is unfortunate that the people manning the HR/PERSONAL/LAW/VIGILANCE/DAC are also the employees of the organisation, but studies show these set of people assumes themselves to be of ‘suprior breed’and experts in their area of disposition because of exposure or experience, but not due to professional qualification expertise, this gives rise to ill advised opinion to decision makers, long drawn correspondence by the aggrieved employee,enhanced litigation, rising litigation expenditure by warring groups,acrimony etc at the same time vitiating cordial working relationship and also percolating down the cadres de-motivation, de-moralisation resulting in ‘to hell with attude’ for all. HR a seemingly neglected or dormant area is the most significant division, more than the ‘production line, the finance section. Precedents suggests HR Policies have created organisation out of scrap. Employees Associations have a great role in giving pro-active direction to HR. ONE major step could be with in ‘time-frame’ action, just like in courts now a days, employee could monitor his ‘disciplinary track’, HR people should also be made accountable, for extraordinary delay cost to the organisation, they be made answerable and to contribute towards the cost whenever an employees is forced to knock the court of law.It is found almost cent percent judicial verdicts goes in favour of the aggrieved employee, whose problem could not addressed and redressed properly. LET US TAKE A LEAD.

  65. sir i am regular employye of india tourism development corporation ( Govt of India Undertaking), Mins of Tourism for past 36 years. Can i go to Suoereme court directly regrding my problems with related to the employer Or i have to go through tthe existing trade uioin in or organisation?
    Is there any Supreme Court ruling ThaT AN EMPLOYEE CANNOT GO TO THE SUPREME COURT REGARDING THE ORGANISATION HE IS WORKING WITH IF THERE A TRADE UNION EXIST. THE EMPLOYEE HAS TO GO THROUGH THE TRADE UNION FIRST?
    pLAES HELP ME

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