Sample Questions – Employer Employee Relationship


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.


  1. 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 ?


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

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

  5. 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.


  6. 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.

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

  13. 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. 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. 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. 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. 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. 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. 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.

    rl pandey

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

  24. 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.

  25. 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. 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. 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

  28. 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.

  29. 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.
    Rajesh Tewari

  30. 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.


  31. 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?

  32. 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.

  33. 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?

  34. 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. 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.

  36. 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.


  37. 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.

  38. 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.

  39. 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.

  40. 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.

  41. 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

  42. 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.

  43. 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

  44. 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.


  46. 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?

  47. 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 tenable in law?

  48. 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?

  49. 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.

  50. 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.

  51. 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

  52. 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.

  53. 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.

  54. 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.

  55. 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

  56. 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.

  57. 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?

  58. sir.Iam assistant accountant of uppcl 2004batch my promotion was due but my writ pending in highcourt lucknow bench.and my junior is also 2008and2011bath promoted as on 28.02.2014 please sugestme

  59. we had been working in a B.Ed. institute continuously and regularly for more than 8 years but the management forcefully rectified the terms and condition of service agreement without mutual consent.And made provision of one year probation after 7-8 years service. Many teachers did not give consent and not signed over it, due to which the management decided to prosecute the teachers and compelled them to quit the service.And now the management is imposing illegal and baseless allegation on the teachers and trying to involve in conspiracy with his employees by misusing his powers of employer.What should we do?

  60. Hi Sir ,

    I worked in TCI as supervisor from 19th April 2014 to 15th August 2010 , can i get my graduety , please seggest ?


    Pavan joshi

  61. Sir,
    i am working in private construction company from last 8 years but lost year to still salaries are not paying regularly ie. pending 3 to 4 months and yearly benefits also canceled. incentives declared 4years before but still not paid. some employees get that benefit. i have no letter for incentives amount. how to proceed.
    pl clarify

    thanking you sir.

  62. Dear Sir,
    I was working in a UK process first hand bpo for over 12 years which got taken over a year ago by an Indian Company. They started then mentally harassing many old employees to leave and i directly used to comment us to leave the job. I got another job and served my notice to leave immediately as the other job asked me
    To join in 20 days time.
    Now my previous company says i cant leave u less my two months notice period is over. And if i still leave i have to pay them two months salary as a fine. Can they do this?
    Kindly advice urgent as i am in a dilemma.

  63. Dear Sir,

    I left a lucrative MNC in 2010 and joined my friend Pvt Ltd company as a business associates with mutually agreed terms

    There was not written agreemet between us.

    A separate div was carved out and i was taking of care of that div doing complete job right from enquiry generation,field work payment collection material dispatch and other related works

    During a course of time i was feeling cheated as my friend was not giving me the required monthly emoluement which was agrred upon.Also he has not given me the commission which was agreed upon.

    So after 3 years i decided to move on and started my own company.Before moving on i informed him on email in the month of dec 2013 and started my company in Jan 2014.

    Now looking at this development my friend has file a legal complaint saying that i have used company database taken orders and set up a new company

    Please advise me on the subject matter



  64. fter 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

  65. I have worked in public ltd company(first flight couriers ltd ) for almost 18 years, due to some reason i had resigned . i have till not received my PF & GRATUITY & Full & final dues, i have been repeatedly sending mails i have got replies also that they will pay. i resigned on dec 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.

  66. I am a govt employee but due to
    Personal disputes my incharge is drawing my salary since 8 months. Plz advices

  67. Dear sir, i was working with a pvt ltd comnpany based in delhi, as a sales manager for a state. i was asked one day with out any written notice that i should leave company, i was a confirmed employee and they have not given any notice and asked me to submit resignation i denied that, they sent termination by saying non performance basis they terminated, i shoot mail immediately replying to giver me notice, but no reply from their side. now its 2 month over they are not doing my F&f . they have even not settled my travel claims above 80K and my february salary . i was asked to move on march 15th. now june 1st, in between this i got job in reliance but they require releaving letter from my previous compoany, my previous company not done my f&f and i lost that job because of no re-leaving letter. please suggest me in this case what can i do and how to get my money.

  68. Myself is a senior staff in a Govt (Autonomous) body. I have been given an additional responsibility in 2011 with the assurance that whenever the recruitment will occur one person will be taken for this job and since then I am performing my duties well. However in April 2013 I realised that workload has increased a lot and I cannot hadle this additional responsibity now without a regular supporting staff. With the permission of competent authority I applied for Adhoc employee but it was refused by the authority.I kept on asking for staff but did not get any response. Now in March 2014 the authority started recruiting the manpower and identified the 5 post but no post was taken for this additional responsibilty. This job (additinal job given to me) had no regular staff since last 4-5 years. In spite of having no staff since alst 4-5 year, this project or job was not considred for recruitment. On the other hand the post was given to other section where the staff was retiring in nmiddle of next year and those also where other colleague of mine was also having dual responsibility. Why this unfairness (inequality) was done with me?
    Please suggest for getting justice under which rule? Kindly guide.

  69. a worker appointed as General Mazdoor in a public sector enterprises. he is working as tripman/clerk since 22 years. can his right to regularized in tripman/clerk if yes please provide act or citation of courts.

  70. Dear Sir

    I am working with private company but my boss alwaya shouted on me wheather i ma wrong and right. he confuse always and blem to me.i am newly joint here and last one month only and their is no other staff to discuss on company matter.and my always busy in outside meeting…i dt understand what i will do…

  71. Dear Sir,

    I worked in a reputed pvt sector bank in Chennai before 10 years handling sales . I had an argument with my immediate superior as he was putting unwanted sales pressure and in a fit of anger went and complained to his senior about him. Both my senior and his senior collided and wanted to eliminate me so they ordered for a enquire of all my reimbursement bills and my local convenyce bills.

    The collection team and the audit team summoned me for a enquiry .

    1) my auto riksha charges were questioned
    2) they found one of my bill containing 50 rs as tea charges as sceptical

    after the enquiry I submitted my resignation to my immediate superior who did not accept my resignation . Instead in a few days I received a letter from the head office saying that I have been terminated from services and asked to settle all dues .

    I settled all my dues to the organisation

    I was not provided a work experience certificate or a reliving letter.

    since I was a fresher out of college and thinking about my carrier searched new jobs and settled in new carrier.

    my question is

    1) can I ask them now for a work experience certificate
    2) will they now provide me a relieving letter without the word termination
    3) can I take them legally as all the charges against me are false expect the tea bill of 50 rs( as tea charges was 10 rs and remaining was for coconut water for which bill was clubbed with the tea bill).

    I strongly countered them but being young and from a middle class family prevented from taking advices or sharing the details to my near and dear ones.

    kindly advise pls

  72. I have been appointed in 05Feb 1981 in Escorts Tractors Ltd ,Faridabad as a Trainee staff for one year after that regular post as a staff (Union employee blue dress)
    after five year promoted as a Junior Enginner – sr Engineer after that L1 cat manager at prsent I am working as a Customers Service Manager Grade L3 posted at Mathura(UP) by Escorts ltd.I Have achieved Very Good cat 2009 to 2013.
    01 oct 13 to 31 March 14 six month KRA I have achieved all my Goals but My senior management asking to quit the job with mutuual understanding ,My immediate boss have planning to appoint their relative at my replacement – No letter or Notice given by them but they are not approving on duty also creating trobles when I have applied Leaves.
    I have more than 260 Nos of Frozen Leaves & 55 Nos of earn leaves,I have completed job more than 33 Year & My age is 54 Year.Company is making profit.
    So you are requested please give me suggestion.

  73. I am working under professional company secretary since 23 years Now suddenly he told me to leave job Now My age is 40 year he is not given me any gratuity he told we cannot give any ppf and gratuity what can I do at present I have no job

  74. I am working under professional company secretary since 23 years Now suddenly he told me to leave job Now My age is 40 year he is not given me any gratuity he told we cannot give any ppf and gratuity what can I do at present I have no job

  75. I had worked in a Iron Ore Mines located at Badampahar, District-Mayurbhanj, Odisha-757047 owned by the Name M/S Lal Trades & Agencies Private Limited. I have worked over there more than five years. The company not taking any action to provide the gratuity where and how to complain.

  76. Respected Sir
    I am a B.Tech pass out student and fresher also. I applied for the recruitment in a private steel company and called for interview, and being selected and medical was also taken on the spot and asked to wait for the joining letter. But when I contacted the HR department after one month , it was told that ” Medical taken means not as you being selected for company’s recruitment final process and also not recruiting Freshers in our company ” as there was clearly mentioned as ” Fresher ” in my CV already . What to do for this as I being harassed by company?
    Please tell me some options to get recruited in that company ,soon . You are requested.

  77. hi,
    I and my wife both are working in one pvt ltd company. company is having group mediclaim policy with coverage of Rs.50,000/- for self and spouse (rs.50000). in this case company only gave me and my wife medicards covering Rs.50000 claim each. it means we get benefit as other employee get. should i ask company to give both so that me and my wife can get coverage of Rs.100000/- (from my side as spouse and from her side as employee). pl.

  78. I am 32 yrs unaided school teacher,mumbai,mah.state.

    What action can be taken against the mangment if I am denied my gratuity.After retirement,by when should i get my gratuity be settled.

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  81. I worked in MNC Company 11years from 01/06/2002 to 07/06/2013, my settlement done. at the time of joining my SSC Original Certificate deposited in the company, but now my SSC certificate not return to me yet, due to misplacement in Office, I request several times to the company management, they are failed to return my certificate. Now what action I taken. Please suggest me.

  82. I have accountant, working a private limited company on last eight years. Now company is going on shut down (wind -up). as an employee, what is the rule of notice payment? how many months company has paid in notice payment as a rule? what is other therms in between company & employee when company has going to wind-up.

  83. my client is in contract with a state wherein the state is a client and my client is a service is a public private contract. the contract is regarding implementing an education programme in a state and the state. the state is aware about the fact that the service provider is going to do job work thing to execute this project.the service provider is working according to the terms and conditions of the contract. in a good faith service provider has taken some portion from the salaries of the teachers hired by him for the education programme just to keep check and balance on them otherwise in case of any loss the state would held liable to the service provider . now when the state got to know about this they are threatening service provider that they will cancel the contract with him.

    my query is does the state have the authority to do so. and if not then how can I help my client.

    please reply me soon.

  84. I would like to correct my self for the above post of mine…
    the service provider will return the portion of the salary to the teachers hired by him after some time when there will be no loss made by them in the school.
    and the service provider will be held liable in case of any loss from his side by the state.

    please provide me with best answer as soon as possible.

  85. sir,
    i am working with a pvt company, where notice period to resign is 3 months. now i got selection in central govt job. is there any previlages in this on the notice period . pls confirm


  87. Sir,
    My question is that my case in Hon’able High Court from 2003. Mill Management writ petition in this court. I had already received last drwan salary aganist act 17-B (last salry of 1994 2323/- after less P.F). Can I appeal for increase in this salary because at present minimum wages of the state is 8000/-per month. Please send me any decsion of High court to increase in last drwan salry.
    Mill Management send me cheque of this amount showing this as a salary for the month of –.

  88. I have left my company but my employer has not paid me my salary of 10 months. How can I get back
    my salary? is there any judgement of high court or supreme court plse let me knw.

  89. i have change my job on march 14, but till date my full & final settlement not clear by my previous company, and presently i worked in company has also forced me to submit the experience certificate, my feb 14 month salary not paid also my extra duty wages & leave balance also pending.
    And previous company hr department not give any reply to my email regarding the settlement,so please tell me in that situation what can i do to save my present job.

  90. Sir, I have be working with banking industry Hsbc almost a yreas. During my oppoint the kept me dating for 25 days and told me I have joinin very soon we CNT wait. For ur notocd period. Some bow I ma nage that
    When my noini g date. Comes they forwarded it 25 Days. After joining the company I have been put on pooBench almost a year

    During g this phase I got very much depressed and chronic inzomia ,later on they put me on external reporting of that I have knowledge because I was initially hired ho MI.there was such a ment harresment n m was in depression.have co sulted wil lot of to neurologist n neuro phychatrat,amg the diagomised me as BIPOLAR DISOFDER N MANIC EPILYPZY WHICH HAS NP CURE BUT CON CONTROLLED BY MEDICINE WHICH ARE VERY COSTLY.

    NOW I have resigned from the company 2 months back mn not sure whether I will be alble to dk a job in future. They have spolied .y future forever n momly earner in my family they are also affected by it

    Please. Let me know what kind of legal action I can take on then.

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  92. I was working with company on comtract basis for two years suddenly company asked me to mobe to kurkumb nearpune in same salary leaving my family here in mumbai. I rejected the offer and now they are saying that you wil be terminated from office you wil not be able to qork any where etc iand nit even ready to show mail from head office in which my name is mentioned for transfer. Is it possible or is there any law through which I can claim on them

  93. I was working in a pvt ltd company last 1 and half years, after 1 month company give partly salary, inform company condition is now bad we’ll give you soon, last 1 year I m suffering my salary, when I stopped my work without my unpaid salary I m able to work, company said that we’ll give u soon, now I’ve submit a resignation to the company, now they show the HR rules with out 1 month working we can’t provide any type of salary. Now please guide me what is the next step I’ll take.

  94. I am working in Private company from last 20 years now it is taking over by MNC, now this company is terminating my services. is there any law or act to get the compensation etc

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  96. I’ve workd wid a BP0..Aftr sumtime i resigned after taking the salary without serving n0tice.
    HR told me dt i’l get my recovery check aftr 45 days.
    Bt its been more than 2 months,& whenevr i call HR dey r just saying dt they dnt still get cheques frm company mgmt.,so,dey’l inform me when to give cheque.
    Plz help me & also tell me how can i file complaint in LAB0UR C0URT.

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  101. can a promoted employee take ltc for the previous post… such as an employee promote as o/s while he was an assistant on previous post.. now can he avail the ltc for the previous post (assistant)

  102. Dear sir/madame
    ME and my wife are working in ESIC MODEL HOSPITAL Jaipur IN THE SAME DEPARTMENT last month my wife get promotion and transfered to Bhiwadi we want to forgo the promotion. I want to ask what are the rules of forgo?? How can I forgo my promotion?
    Please help me ASAP.It is very urgent

  103. Dear sir,
    We have given the lower pay scale of Rs. 950-1500 (16-04-1990) instead of Rs. 1200-1800 at the time of initial appointment and the same was challenged in the CAT, Hyderabad bench and was allowed and the same was appealed by the department in the AP High Court, which was dismissed. Final the department filed SLP, which was also dismissed and consequently, the GoI, Ministry of Defence has issued another presidential orders dt. 14-02-2006 by declaring my initial appointment as in the pay scale of Rs. 1200-1800 (this pertains to the entire employees of the establishment).
    Here one situation had taken place the personnel who joined the service after one year to me and got granted the above said pay scale of Rs. 1200-1800 on the intervention of the CAT (but settled in the year 1994) had granted the further promotion w.e.f. 01-05-2001 and another promotion in the year 2006 and another promotion in the year 2013 (presently, I am behind one promotion).
    In this situation, as a senior I am of the opinion that I should have been granted the higher promotion on par with my above mentioned juniors, which was not done by the department and we were forced to file a case in CAT, which finally allowed our plea but inserted a rider “if the applicants fulfills the eligibility conditions of the promotion govern by the rules”. Basing on this rider, the department replied by stating that the DPC proceedings conducted in the year 2001 was found correct and need not require to be reviewed.
    Then we filed the WP in High Court, which was dismissed with an observation that the petitioners passed the Departmental Qualifying Examination (DQE) in the year 2006 and the promotion granted in the year 2006 is correct and there is no need to interfere with the orders of the Tribunal (although we passed the DQE in the year 2004 for one grade, and in the year 2010 for another grade, this fact has not taken into account)and accordingly, dismissed the WP.
    Now, we are at this juncture, we filed a Review Petition by averring mechanical approach in dealing with the case and is pending. We are of the opinion that the same will be dismissed in due course. Then, we have to file a case in the Supreme court.
    We need your help and suggestions on the above. Also need the relevant settled law suit to the above facts and circumstances, is required.
    I am very much impressed that your team excellently guiding the people who were being approached to you and for your excellent service, I am grateful to you.
    Kindly give your valuable suggestions and relevant case law.
    Thanking you,
    Warm regards,
    E Srinivasa Rao,
    Andhra Pradesh

  104. I was resigned from public sector company after completion of 50 days (joined new job in govenrment sector).I rethink that return back to old job, what is the possibility

  105. Neha says:
    October 9, 2014 at 12:34 pm
    I have joined a consultancy and after 19 days threw show me the door of the office. last five days they tortured me verbally and with the uncondusive office enviornment i was about to fall sick .so they scared and next day they gave me money and told me to go out frm the office.
    Neha says:
    October 9, 2014 at 12:44 pm
    when i send him mail he repled me like that which was totally fake 1 -10 he was ok.after 11 he started torturing me as there is one lady who is the co partner of the company .always replying me tell me how is it? i dont know u have to do? may more studey make notes and tell .even i does all things again with tht also he was torturing me with several question so that i can leave office n go without payment.there is only one lady working in the office rest comes n go as he tortutres them and they leave without taking salary.
    pls help how can i teach him lesson so that he can never use that type of language with the freshers
    Neha says:
    October 9, 2014 at 12:51 pm
    Respected Maam/Sir,
    1. I wish to bring to your notice following issues , which I encountered during my short tenure of 19 days at your office.
    2. Post exhaustive job interview, undertaken by both of you ,I was appointed for job at your office at Nehru place, as HR executive.I was further explained during the course of interview that I would be taught about office work and required work procedures during my probation period by the senior/management.
    3. I started my job on 01 Sep 14, with my utmost dedication and sincerity.I wish to submit that on all occasions I have tried my best to meet your expectation. Towards the same, I when required ,also stayed back after working hours to address issues handed over to me late in the working hours. Further, on your directive, I even completed work on Sunday to enable meeting my office’s requirement. All during this duration, I was always told by you that I am performing well, and that my approach to job is correct.
    4. Then suddenly, in a matter of five days, all things took a turn. Your approach towards my work (during absence of only other staff), changed and you could find all my efforts below par. Further, the level of conversation and language used by the management towards me , is better not discussed,as the same was rude. The same often made me sad and down in spirit.It also led me to do a self assessment as to where I am lacking in my efforts. Towards that I could see no lack of dedication and sincerity.
    5. As per the management directive, I was told to discontinue my service at your office wef 20 Sep 14, citing my incompatibility with the office environment.
    6. May I request you to kindly, undertake scrutiny of my shortcoming, considering I was only 16 days into my workplace and ready to work as per your directions.Your reply on the issue would be expected.
    Priya Malhotra Attachments6 Oct (3 days ago)
    Dear Sneha, In response to your mail we would like to mention here mention th…
    Sneha Kumar
    7 Oct (2 days ago)
    to openings
    Respected Maam/Sir,
    This mail seeks to submit following issues brought out in your mail. During my interview, reference was made about my previous job with a year experience in teaching. Further, I had only submitted during interview that I worked as Recruitment Executive for only six months in 2007-08, same is reflected in my resume, a copy of which was submitted during interview.
    Secondly, I was explained that since my last similar job was way back in 2007, so I would be required to be oriented to present requisites. The same would be provided by the senior management. However, in a matter of few days, I was made to believe that I am found not suitable for the jobs even after your guidance. May I seek clarification that with such rich recruitment experience how I was selected by the board, and suddenly in few days found unsuitable. Is it not in contrast to your perception that I should have performed to your expectations in a matter of few days at the workplace.
    Further, may I submit I have sound health, and no past medical history. Whatever happened to my health could be due to extreme harshness encountered at workplace in last three days
    You can please revisit the video footage of the work place for the last few days of my work tenure.
    Lastly there is no where mentioned any interest of joining your company after such a torture.
    Sneha Kumar
    Sneha Kumar
    13:57 (22 hours ago)
    to openings
    Respected Ma’am
    Hope you have gone through the mail.waiting for the reply
    now they know she has a proof tht they blame me about health i m fine
    they blame about refrerence it is there with them
    they blame about my working thing i have proof tht how n every day how much i have performed .
    they blame about office working that she is not good .they r blaming my self respect.
    they know everything is wrong so they r not replying me now.or may be planning else for me .even more harsh n rude.
    plse help anyone

  106. I am working in a Private cmpny in Karnataka , While joing of my Job the notice period for resigning was one month after theat they made it to 3 months notice period so any one can guide me , what is the legality in this matter because inbetween any one can get good opportunity they wont accept less than 3 months notice period, it will effect to their future so mail me any one to

  107. I have resigned on 01.10.2013 from my Ex-Employer Allied digital services ltd,a mumbai based company. I have completed all exit clearance process and submitted PF withdrawn forms (10c and 19). During last one year after several emails and phone calls Employer sent me soft copy of my 2 years Experience Letter with digital signature and Full and final settlement sheet over Email. But till date they did not clear my Full & Final and PF dues . I am following up with emails, but not getting any reply, if call over the phone they are telling it will be cleared in next few days. I have all my pay slip soft copies. My PF account NO. MH/BAN/0043628/000/0006255. Please suggest me to recover my dues regarding PF and F&F.

  108. I learnt from one advocate Ms. Rabi Birbal practising in Hon’ble Supreme Court of India, in Legal Point programme of Doordarshan, that a government servant can directly file case relating to his’/her’s service matter and grievances in Hon’ble High Court. Please specify all the details. Is this applicable even in case of employee in PSU ? I REQUEST TO PLEASE SEND ME ALL THE DETAILS AND PARTICULARS, AND CASE STUDIES.
    (You may also please contact Ms. Rabi Birbal, Ms. Aishwarya Bhati, etc. advocates practising w.r.t. employees’ grievances in Hon’ble Supreme Court).

  109. Dear Sir,
    I am a Tea Plantation Staff in Kerala as from 1964, working as Office Staff.. I have attained the age of SUPERANNUATION in 2003. But the Management has not PAID my Gratuity and hence forced to continue in employment upto 2nd July 2014. Th Manageent has NOT given me any termination Notice. The M.D. one fine morning told me that he do not require my service any further & stopped my work on 02-07-2014. I have completed 50 years of Service in 2014. I WOULD LIKE TO KNOW WHETHER I WILL BE ELIGIBLE FOR THE GRATUITY,FOR THE PERIOD WHICH I HAVE WORKED AFER MY SUPERANNUATION(58 YEAR)WITHOUT ANY BRAKE UPTO 69 YEARS.i.e. 50 years continues service completed in 6/2014 . Your valuable advice is expecting.
    Thanking you,
    Yours faithfully
    (K.G.Nanukuttan,Munt Estate, Vandiperiyar)

  110. Sir,
    can a company demand the bank detail statement(of three months or six months) from a new employee at the time of joining just for confirmation of the employee’s previous company’s salary.Will it not violet the personal financial secrecy of an indivisual in India?

  111. sir,
    i am working as Assistant Professor in a private Grant-in-Aid College since 1997.In 2002 the College was taken over by the State Government, however the government decision was challenged by the Management of the College and matter is subjudice. Meanwhile the college is administered by the State Government having both administrative & financial control but the benefits as envisaged in the takeover have not been extended to the employees and the employees continue to suffer on account of Grant of pensionery benefits and other service benefits.
    In the light of above mentioned facts, i request you to suggest/advice me the line of action that we should take for getting our grievances redressed.

    with regards

    Bilal Ahmed

  112. My employer is not relieving me. I have given my resignation, in which i have stated that i will serve the notice period of 90 days. previously my employer assured me that they will relieve me after 1 month i.e 30 days but now, after 30 days they are saying you have to serve the full notice period and the situation is that i have got a job elsewhere and joining is within week. What can/should I do?

  113. Sir,
    I have done a fraud of 100000 rs in my company due to some finiancial problem but I have paid almost 40000 rs from this amount and trying to paid rest also. But still company is not aware about this fraud .what should I do?

  114. According bonus act if the employer has have given Ex Gratia Payment to every employees then I aim also eligible for the same
    But here my current employer is not given me that so what should I do I am worked year in third party roll (off roll) as well on contract also

  115. I am working a pvt ltd company in delhi from last 19 years. now the company want to terminate. what can i do against company?
    pls suggest

  116. I am working a pvt ltd company in delhi from last 19 years. now the company want to terminate. what can i do against company?
    Is there any law or act to get the compensation etc.

    pls suggest

  117. Sir

    Suggest me Company Director Leave forcely after 4.7 years and I have stop the join the office because no permission in gate entry the i give resign after 2 month company not pay to Gratuity, and one moth notice pay le-gly i claim it.pls send us correct answer so that i suit the claim against company

  118. Hi,

    I resigned from my Organization recently. During fiscal year of 2014 I had travelled to the US. The bills were submitted online and also on the drop box as per the process.

    Now the finance team claims they never received the bills and have deducted 70K from my settlement. During the 8 months they never contacted me for my settlement nor during the follow ups of No Dues settlement was I contacted.

    Please advise if I can go to the police on this issue of willing to not pay out the amount to me or if I can go to court on this.


  119. I am working at Noida (Uttar Pradesh) in a Cinema Mall which works 6 days in a week. I have completed 4 years and around 9-10 month in this company and I was leaved this company in 4 years and 9-10 months.

    Joining date 08-jan-2010
    My last working date 02 Oct’ 14. And I was deducting my 26 EL for notice.

    I have checked with my HR for gratuity. They say that company will not pay gratuity if I leave company in 4 years 9-10 months. I have to complete at least 5 years.

    My question is, If I leave my current company in 4 years 9-10 months and company deny for gratuity, then do I have some legal option against company for my gratuity payment?

    If there is any law, please let me know, law name/number.

    Your expert advice is highly appreciated.

  120. sir, i m working with a pvt ltd co. last three year to continue yet but company not give me yet my salary when i need he give me some amount from my salary so what i do with company he not give my salary last three year please hepl me

  121. Dear Sir/Madam,

    My friend was engaged with an organization. The employer employed him against bond signature. Allotted job profile was not good according to his profile. Before the period he leave the organization without intimation.
    what the organization can take legal action against him ?
    If yes. Please suggest how he can release from any legal action. which is bad for his carrier and future.

  122. I am working with a central goverment aotonomus enterprises company as a Asstt. manager since last 5 years on a contract basis. They renewing my contract after every five for another 5 years. On my HOD recommendation, but if they are not continuing my job in any case what I will do. can i approach labour court in such case. and This post (Asstt. Manager) is permanent post in Establishment department.

  123. sir
    i am a offecer appoint in centrally sponcer scheme(DRDA) post. In this scheme hiegher post is available as Project Directer. before 2010 this post fillup by way of deputation from veries cader’s. But in 2010 state govt creat a service rule for state govt PDS cader offcer and a PRJECT DIRECTER post in centrally sponcerd scheme pick and made decleared to promotion post for out side cader PDS offcer. My quiestion is that can any state govt user up any post which is available in centrally sponcerd scheme and decleard to promotion for outside offecer. What is law said in this regard.

  124. sir
    I am working in centrally sponcerd scheme as a project economist. In this scheme my hiegher post is avalable as project directer. but as par norms of central guide line this post is only deputataion post. but in 2010 state govt make a rule and pick a post of project directer which is avalable in centrally scheme and made provision of promotion to out side cader PDS officer only. my question is that can any officer who was not bourn in centrally scheme can promote in centrally scheme post.

  125. I had worked in a private school here at Nagpur from year 1999 to 2009. Later I joined another school with good salary after resigning. Unfortunately, I had not applied in the earlier school for my gratuity payment. Can I request there for gratuity now and am I liable to have gratuity while working with other school ?

  126. I am working in a Defence organisation from last 22 years as a permanent worker. Now my organisation has withhold my full salary from last two months in want of recovery from me which they have paid to me as LTC for my mother and sisters. Please give me advise whether I will get my salary or not.

  127. one employee is going to retire on 31.01.2015. He has served 40 years in the organization. After retirement on 31.01.2015 he is eligible for gratuity of 12 lakhs.If any possibilities to get the gratuity claim on or after 1st April 2015. Because i have to pay income tax of 3.50 lakhs on the gratuity amount. Sir Please advice me or give your opinion/suggestion as early. Thanks

  128. Dear Sir.
    I am an employee in government Department as a outsourcing but our department is always Conflict with Director and Chairman so, they are always trying to terminate some employee who they does not like. so we was servicing at least 5 year till now.
    So, please give me the comment how can I defence from the said problem by using legal.

  129. Sir.i am working central govt and likely to retire on 31 may 2015. My wife has deserted me and to my minor daughters in Oct 95. She has filed maintenance case during 2004 and as per judgement I am remitting maintenance every month
    .I have also filed divorce case during 2010 and in interim order I was asked to pay Rs 10,000 pe
    r month till finalisation divorce case and l am likely to file appeal after order copy.
    my both daughters are education and now married living with husband and children.
    Now my wife after desertion of 20 years and after getting maintenance from 2004 she has sent a letter to my department for equal pension benefits. Department is enguarging her letter.So I have sent Affidavit that I am not nominating her as nominee for receiving pension benefits’s as per CCS pension rule 1972 TO. BUT department is not encurraging my affidavit.In this circumstance Pl. Inmate option available with me for getting my pension and benefits. Also Pl intimate legal rights of my deserted wife on pension and other benifits

  130. I am in a private sector bank and suspended from the services but I am not being informed about the charges framed on me . My question is can an employer suspend the employee without mentioning the charges


  132. sir
    I am working in centrally sponcerd scheme as a project economist. In this scheme my hiegher post is avalable as project directer. but as par norms of central guide line this post is only deputataion post. but in 2010 state govt make a rule and pick a post of project directer which is avalable in centrally scheme and made provision of promotion to out side cader PDS officer only. my question is that can any officer who was not bourn in centrally scheme can promote in centrally scheme post.

  133. Sir,
    I am working in financial limited company from 9 month and I got a new job. I have given notice period of one month after that company said you have to pay 2 month salary to the company.. in fact my colleague his designation and my designations are same and company relieved him in a 7 days without any recovery payment. Company also said that rule is not same for the all employees . what should I do.

  134. Sir,
    I am working in financial limited company from 9 month. I got a new job and i have served my one month notice period even they pressurise me for paying a two month salary. My another colleague had left the job without notice period and company did not charge him for paying the 3 salary payment. Th en I said rule are same for the all employees. But company said rule are not same for the all employees. So kindly provide right information what should I do ?

  135. I have work 23 years under company secretary as secretarial officer he has lot of harassment to left the job.My father personally met his he has not response. He has told me provident fund and gratuity is not applicable what can I do

  136. Sir , I got an appointment in a central govt. organisation , where it is mentioned that I have to serve the company for a maximum period of 3 years under contractual mode , after which confirmation will be done. My question is that will the organisation will confirm me after 3 years ? and also I would like to know that during the contract period can the company remove me from the job ?

  137. 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,what if employee not given any appointment letter or offer letter accept only salary sleep?

  138. dear sir,

    i have servedn central govt. (through manpower/consultant) not as permanent employee for four years then later i joined a state govt. undertaking company in karnataka on contract basis for 3 years and after that i got absorbed in the same company and worked for 4 more years. company follows KCSR rules. i had some health issues due to which all my earned leaves and other leaves got exhausted and i requested them to grant me leave (orally) without pay which they rejected. having no option left in urgency i resigned and shifted to some other place. resignation acceptance letter from the company was received by my parents due to my non-availability. it is almost 7 years now i am perfectly allright and want to rejoin the same company. i was told by somebody that only chance of me getting back my resigned job if my company offers me to rejoin in the same post which i left and is still existing till today, considering my experience in the same field for over 12 years. is true? i want to know according which rule in KCSR should i give my request letter for the same to my company so that they can reconsider my job?

  139. Sir i am civil engineer and i worked in private construction company from last 16 years i resign my last months 12 days salary is remaining that company plz. Get advice how to withdraw this.

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