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Hi I am satender tiwari and I am using esic benifit. my question is, my wife is learning advocate under senior advocates and her salary is only Rs.6000 and she is only child of her parents and her parents is jobless and very weak and ill and on permanent kidney dialysis . so i want to add their names in my esic card because Right now they are also my responsibility. this is my problem and i really want your advice and help. how can i add my father and mother inlaw to my esic card to cure them or for medical help. thanks.

A. Dear Mr Tiwari, First check the definition of the Family. Secondly, if they come under the family then you can add. Otherwise not. I hope they will not come under . You can also see the definition of the family after the marriage of the daughter. Hope you will understand my point. Shanti Ranjan Behera Advocate

Am working as permanent faculty of forensic medicine in UPUMS Saifai(UP state government autonomous Institute), bylaws of this institute are taken and are in persecution of other prime govt Institute (SGPGI Lucknow and thus of AIIMS.)by state GO First(lowest) permanent post in these institute is Assistant Professor(AP), for which 3 years post educational (PG) qualification is required. While MCI(council for recognising medical college) do recognized AP as first faculty post but without need for post PG experience or publication. For sake of recognisation from MCI UPUMS created Lecturer post (which do not require post education qualification) and after 3 years of lecturership promotion to AP. Bylaws for lecturers were taken from Lecturer of state government medical college (with equivalent educational & experience qualification)by GO. Now after 3 years of lecturerhip ( in august 2018)I have been promoted to AP by DPC(i fulfilled all elegibility) but with condition that i "have to make 4 original research publication in pubmed indexed international journal in a year or promotion will be reverted". Simultaneously post of Lecturers in state government medical college have been abolished and lecturer there have been instantaneously automatically been promoted to AP without 3years of experience & DPC(in accordance to MCI)by GO. now in state government medical college, autonomous prime instute(including mine)& MCI none have post of lecturer in norms. I have much more qualification for being AP ie. 3 years of experience(much more than required by MCI and state medical college)] , according to prime institute, But am in threat of demotion according to absurd condition in my promotion letter. About condition in promotion- -No publication is essential for being AP either in state or according to MCI or any prime Institute -No journal of my subject (forensic medicine) in India is indexed in pubmed, -There are only 4 journal of forensic medicine world wide which are indexed in pubmed and have month-years of waiting -No person of my subject, senior so ever in India have ever made 4 publication as original research article as first author in pubmed indexed journal in a year and am at junior most faculty position. It is like asking for sending rocket to mars single handly - there is no post of lecturer left in any state medical institute or in prime medical institute, so to which post Institute demote me to? - Is this conditional promotion justified/ can i challange in court?

A. Dear Sir, This conditional promotion is unjustified and can be challenged in the Court of Law. File the case.Go for original Research article as suggested or go for publication. Get in touch for consultation through vidhikarya.com Shanti Ranjan Behera Advocate

Am faculty (assistant professor) in state govt. medical institute. My institute is not granting NOC to me for applying for job in other Institute for reason of deficiency of faculty in my department (according to norms of Medical council of India). This is story with other faculties in neary all depts. My dept is having shortage of faculty from 2 years. 2 recruiment advertisements were made (latest one was about1.5 years ago) but no candidate appeared, no efforts for recruitment & NOC been granted since then. institute is in rural area far from civilization, social advancement & personal settlement,without insentives, nearby city is 24 kms.Problems- 1.Few NOC been given with condition that relieving will be given when & if their dept. have sufficient faculty 2. Now Institute is making rule (through EC)that no NOC will be given for applying at lower/ similar post for 5 years and only 4 NOC canbe granted per year. - No efforts for recruitment being made -can these be challenged in court?

A. Dear Sir/Madam, This can be challenged in the Court of Law. Shanti Ranjan Behera Advocate

Hello Sir, I'm Aarush Yadav working in Iconic Infinite Fashion Pvt.Ltd. in Rajasthan,Sri Ganganagar. Actually sir on 14jan.2019 i took an holiday without informing my seniors.they Removed me from their official WhatsApp groups and said into the store we had fired him. On 15Jan. I go the store at 10Am, the store manager said me that my entry is banned because of yesterday i was not able to inform them about my weekoff. They tortured me mentally that they will kick me out soon the guard and manager misbehaved with me and call my Brand manager that we told you that he was on weekoff yesterday and didn't told us that's why we banned his entry and tell him to go out of the store. But sir i denied from going out of the store as i said them to email or give me letter mentioned with reason why my entry bis banned.then for that day i completed my working hours. On 16Jan.2019 they again banned my entry and guard and Store manager didn't allow me to fill attendance. Then i go to labour court and applied a application.then again i go back to store with filling my attendance and completed my working hours.They Misbehaved with me and said we will kick you out of the store right now, we're calling the cops but they didn't. Today,17jan.2019 they again didn't allow me to fill my attendance. As it will be marked absent. And from other staff i also heard that they are doing transfer of me far away from my city just because i can't go there. i'm very disturbed, If I'll be marked absent with continuous days then according to the HR policies the company can fire me out.So please sir tell me what can i do now.

A. Dear Sir, Say sorry and retain the job. Protest and go to the Court of Law.It will time to finish and you will be totally drained out. Think it cooly and take the right decision. Remember.. you have committed the first mistake . Shanti Ranjan Behera Advocate

I lodged a whistleblower complain in Central Vigilance Commission (CVC) portal regarding crores and crores rupees of bank loan frauds committed by my Boss in April 2016. CVC accepted my complaint and forwarded my complaint to CVO of my PSU Bank for investigation. In the mean time the prime accused of my complaint, being General Manager (HR) of PSU Bank, illegally accessed the copy of my complaint letter from Vigilance Department and filed a false FIR complaint, by making use of his direct departmental subordinate officer, at Lalbazar Cyber Crime Police station against my personal email id u/s 66 of Information Technology Act to illegally trace out the identity of whistleblower in CVC portal and punish whistleblower in charge of filing false complaint and tarnish the image of Bank Officer's in front of GOI authorities. After tracing out my identity from Cyber Police, the same General Manager (HR) of Bank, immediately suspended me from service of PSU Bank by his own signature and authority in charge of making false complaint at CVC portal against Bank Officer's and tarnish the image of Bank on 30/07/2016. I was issued charge sheet after 6 months without any show cause notice. He conducted my departmental enquiry by making use of his direct departmental subordinate officer's in my Enquiry Committee as Enquiry Officer & Presenting Officer and by conducting biased enquiry in my absence without my signature, the same General Manager (HR) was able to unlawfully dismissed me from service on 30/12/2017. Even the dismissal order was also drafted by the same General Manager (HR) in his table in Kolkata and send it to my Disciplinary Authority posted in Cachar, Assam for signature and issuance. I appealed against my Dismissal Order, but received no response from my Bank for more than 6 months. I then filed writ petition in Calcutta High Court fo dispose of my appeal. After Honourable Justice of Calcutta High Court ordered to dispose of my appeal Petition, Bank responded keeping intact the same punishment order of Disciplinary Authority. I received reply of my Appeal on September, 2018. After receiving the order of Appellate Authority, I thought to file writ petition in Calcutta High Court against my unlawful dismissal order. I complained Central Vigilance Commission (CVC) regarding this matter in totallity for which Chief Vigilance Officer (CVO) informed me that after I complained to CVC, CVO of my Bank examined the case and found 28 officer's including the same General Manager (HR) found guilty and CVO has taken action against them. In the mean time, I came to know from Honourable Bankshal (CMM) Court that Lalbazar Cyber Crime Police Station has filed chargesheet u/s 66 and u/s 43 of Information Technology Act against me and for that I have to face trial of lower court. I took bail immediately and my trial is on as on date. In this situation, I want to know that "Can I file writ petition in Calcutta High Court by challenging the punishment order imposed on me by my Bank in my Dismissal Order along with praying Calcutta High Court for quashing of FIR including false chargesheet of Lalbazar Police Station after 2 years?" or I have to wait until my trial gets completed in lower court. If filing of writ petition in Calcutta High Court is possible in this case at this moment as per law, then kindly contact me with your contact and chamber address.

A. Dear Sir, Yes, you can. Sooner it is done it is better for you. You can share your complete story for right advice through vidhikarya.com Shanti Ranjan Behera Advocate

Sir,my wife is working in noida metro rail corporation limited.Her reporting officer has put her in evening shift(2pm to 10pm).And they are not providing cab to residence I want to know about the indian labour law(factory act) regarding what should be the working timing of women in a company. I have read on internet that no women should be given duty after 7pm and 6am .under special cicumstances(what are those circumstances,plz share) they can be allowed upto 10 pm but they should be given cab with gps in it, with a guard in it and women employee should not be the first and last to be picked up or dropped. Please give details of the law regarding this. is there any law regarding cab facility or just guidlines by police or court? Her company still do not have any working women where she can tell her problems. please tell me ,where should my wife should go or contact regarding her timing issue as u know it is not safe for her to travel by herself to home after 10pm. Please share all information regarding this issue. and what should we do.Thank you

A. Dear Sir, Just read service rules and circulars issued by the said Metro Company then make representation if not acted positively by the Management then approach Service Tribunal or High Court. For full procedure contact me on mobile through Vidhikarya.

Sir if any employee left a BPO 5 months back due to health reason with the notify by email to his manager. At the time of joining he signed a bond of 1 Year but after 10 month he faced seviour health issues, before that he requested for shift Chang on the basis of health issues but organization did not do that. After left the organization company called to the employee and took the interview for re-joining, but he did not re-joining the organization. Now company filed a case on the employee as absconding employee in his nearest meditation DC center and calling to his family members as well. What should he do. Please advise as soon as possible.

A. Dear Sir, Take the following steps. Step 1. Attend the Case. Make yourself available on the date and say that you have not absconded. Step 2. Engage a good Advocate to defend your Case.Be sure that no body can compel you to work for that BPO Company. Step 3. Even if join in any circumstances do not sign any Contract. Shanti Ranjan Behera Advocate

Dear Sir I served one of the company in Mumbai for 20 years. Due to Company poor financial condition i resigned and decided to join other company. Company have not paidm last 3 months salary . My notice period was 3 months and i requested to release me in one month as they are not in condition to pay my salary. Also 120 days paid leave remaining which was accumulated forn long stay in company which can be adjusted in notice period. But in last day company refused to give relieving letter and settle my account. My gratuity , superannuation and pf is with compnay plus my 3 months salary. Kindly advice what is to be done.

A. First u should approach to the labour commissioner office and made complaint against them immediately. Otherwise send legal notice through lawyer

If in graduation marksheet subject name misspelled chemestry.can I face problem in govt job

A. It depend on the Govt., Dept.,because some Educational Dept., insist for correction before joining you in service,better to take up the issue with the University for correction in original records & inform you accordingly .

If in graduation marksheet subject names written as… Enviromental sicence, pratical, chemestry, cricuit analysis, orgnic chemistry…in govt job will be problem according spelling mistakes in every these words?

A. Dear Student, Please get in touch either with your college or University who will do the job for you free of cost.Wrong spelling of subjects name do not give a good image of your college .Correct it as soon as possible. Shanti Ranjan Behera Advocate