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I am a General Category student belong to Banya Hindu Community. My family income is 3 lakh per annum. I am sitting for CSE 2019. We own a 200 sq yard plot in the notified municipality. If we sell the plot, will I be eligible to apply in Economically Weaker Section Community?
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A. Dear Student, Better to get in touch with Tahasil if you are in a Rural Area and in Municipal Office if you are in an Urban area of your State Government. Everything is written in black and white. Read it. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sir, Recently I have resigned my job without serving the notice period. Because there were no appraisal in the past financial year. Also many of the employees has resigned the job. Even there is a question on the notice periods salary.So i haven't served the notice period.Company has issued me the laptop as a asset, which due to some software issue I have given to my It dept,but they are saying that we haven't received it(in short they ate lying).For not serving notice period and Laptop handing over issue.They are demanding Rs 50,000 from me for that.Need Experts advice on this
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A. Dear Sir, The employer is entitled for the amount which he has spent on your training and not more than that. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Hi, I received an offer from company where they asked me to submit copies of original documents, but when I joined them, the HR informed me to submit an original marksheet & said they will keep it safe in bank locker as collateral. I needed the jon for survival & had no options other then accepting since I was unemployed. They gave me an undertaking of original marksheet (10th) on the company's letter head. I was employed there for approx a month while I got an offer in my hometown so i had to go back to my hometown. I submitted them a coloured laminated photocopy of 12th marksheet to get my 10th original marksheet. This happened under a camera. Due to this the owner of the company is also allegating that I have stolen their business data & clients information which is absolutely false. As per Labour law, no company can withhold an original certificate of an employee. i wanted to understand if the company owner can sue me under the court of law. They are also commencing their commercial business in basement of resedential property which is against the laws of municipal corporation of delhi. Please suggest If I can go against them because they informed me about this at the end moment where I was pressurised to submit the original certificate. (Not mentioned in the offer letter as well that I have to submit original certificate)
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A. Dear Sir, You may raise the complaint with labor commissioner who will dispose the case under Section 12 of ID Act or refer the matter to Industrial Tribunal. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Chinmoy Patra Experience: 14 Year(s) Cuttack
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shreyash Mohta Experience: 1 Year(s) Kolkata

Ashutosh Bhardwaj

Posted 2 months ago

pvt.ltd company fired 15 employees on October 15 and Notice period ended at 28th Nov. after 42 days. Till now they have not paid a single penny and are avoiding calls and texts. Witness - 15 with same problem Proof - Mails and CEO Dates Committment, text message and Whatsapp message, Employement contracts What shall we all do?
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A. Dear Sir, Go to the Office of the Labour Commissioner and act as per the rule. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Shreyash Mohta Experience: 1 Year(s) Kolkata

Anonymous

Posted 2 months ago

Respected sir/ madam My mother is working as a police station cleaner in sp office thiruvallur district of tamilnadu. She has got this job after my father's (police) death as compassionate employment. She has the qualification of 8th pass. She has been claiming for the post of office assistant since 2010 but they are giving any promotion. I just read all the tamilnadu promotion rules and I am not able to find out how many necessary or eligible years for promotion. Every time they state that there is no enough sweepers in this office and so my mom should work as a sweeper. I want a clarification how many years eligible for promotion in my case concern. Pls let us know what to do further
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A. Dear Sir, This information will be available with the Government of Tamilnadu. At some point of time your mother has to retire. Who will clean the SP room then? Bring it to the notice of higher authorities. Shanti Ranjan Behera Advocate
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Shanti Ranjan Behera Exp: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad

Anonymous

Posted 2 months ago

Hi I have joined a new organization (PVT. LTD.) in Faridabad, Haryana. They are providing only 12 years in a year, one leave per month (not bifurcating or mentioning Sick or Casual Leave.) What are the rules as per Govt. (State Govt) for minimum sick and casual leaves to be provided to an employee which an establishment has to offer. Also, they are not providing any Privilege Leaves, please advise on the same too. Thanks
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A. Dear Sir, Go with the co-employees, if you make fight individually then you will be no where. Either try to adjust or search for new company. For full procedure contact me on mobile through Vidhikarya. Rate me Five Star * Please visit the following link. https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Shreyash Mohta Experience: 1 Year(s) Kolkata
Shreyash Mohta Experience: 1 Year(s) Kolkata

Amol Ghuge

Posted 2 months ago

If a contract employee is running a criminal case, then the employee is removed from the job and the employee is on the back and should be guided again.
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A. Dear Sir, Under a contract employee has no rights under law.
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Kishan Dutt Kalaskar Retired Judge Exp: 33 Year(s) Bangalore
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
HI TO ALL THE RESPECTED MEMBERS PRESENT HERE. I HAVE A QUERY : 1) I AM RECRUITED BY CENTRAL MINISTRY ON CONTRACT BASIS AS YOUNG PROFESSIONAL AND DEPUTED BY GOI IN A STATE OFFICE WHEREAS SOME OF MY COLLEAGUES ARE DEPUTED IN CENTRE GOVT. OFFICE. 2) THE APPOINTMENT LETTER WAS SIGNED BY THE CENTRE GOVT OFFICER AND NO 3RD PARTY INVOLVED. OUR SELECTION PROCESS WAS: GD, PERSONAL INTERVIEW AND SKILL TEST 3) AS PER T&C Period of engagement initially for a period of two years (Can be extended up to 5 years –one year at a time 4)You can be transferred to any location based on the - requirements of the Ministry/ State Government. 5) THERE IS NO NOTIONAL BREAK AFTER 89 DAYS AND AFTER 1 YEAR. I AM GETTING MY SALARY AND MARKING ATTENDANCE IN CONTINUITY. THERE IS NO BREAK. 6) can i claim regularisation and gratuity after 5 year of regular contract service. or if contract get extended beyond 5 years?
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A. Mr. Ankur, as per your query, In India, we find employers often depute outsourced deputies at their organizations. Those deputies are often called as ‘Contract labours’ and in India and the said is guided under the Act called as ‘THE CONTRACT LABOUR (REGULATION AND ABOLITION) ACT, 1970. Be it an Establishment or Office or Factory or any where workers are employed, the CLRA Act applies. But on the other hand the implementation of this Act is delegated onto the hands of the Appropriate Government. For easy understanding, an Appropriate Authority may be the Central Government or the State Government. Different State forms their State specific rule for the CLRA’s Applicability. The below furnished CLRA applicability table can be referred for our easy view, though the applicability is always subjected to amendments. As per the applicability of CLRA is concerned there arise no dispute or a meager on the below aspects like:- EPIF ESIC Maternity Benefit Payment of Wages Minimum Wages Labour Welfare Fund Professional Tax Payment of Bonus The main reason as to why there arise little some concerns on extending benefits based upon the above Acts, is because of S. 21 under the CLRA Act. The section basically enumerates the responsibility of the Principal Employer. But where the case comes into the ‘Payment of Gratuity’ to the contract labours, the mater get complicated as in most of the cases the principal employer do not take the responsibility for the gratuity payment and in the opposite side the Contractors are incapable to afford the payment of gratuity to the workmen as normally in most of the cases contractors income is based upon the ‘commission’ on the total monthly bill amount. Section 21 (4) of the Contract Labour (Regulation and Abolition) Act, 1970 (CLRA), mandates that a principal employer is responsible for the payment of ‘wages’ to a contract employee in the event of a contractor’s failure to pay within the stipulated timelines or in the event of a contractor making a short payment. The principal employer then has the ability to recover the amount paid as ‘wages’, from the contractor. In The Superintending Engineer vs Appellate Authority on 18 July, 2012, the Hon’ble Madras High Court held that the “it is clear that it will be the basic responsibility, under Sec. 21(4) of the Contract Labour Act, of the petitioner to make the payment of gratuity and the petitioner will have a right to recover that sum from the third respondent contractor”. On analyzing S. 2 (f) of the Payment of gratuity Act it is found that the legislature did not put a distinction between an employer and a principal employer has not been recognized anywhere in the Payment of Gratuity Act 1972. As per Sec 2 (f) (iii) of the Act, employer means any person who has ultimate authority over the affairs of the establishment. From the ‘Payment of Gratuity’ point of view, it is the mandate upon the ‘Employer’ to pay gratuity to the employees who suffice S. 4(1) read with S. 2 (c). (D.B.R. Mills Ltd. Vs. Appellate Authority) And for certain, contractors who are responsible only for supplying or providing for manpower do not owe to qualify as an ‘Employer’ under S. 2(f) of the Payment of Gratuity Act and at the same time only the ‘Principal Employer’ do have control over the affairs of the business. Employee’ definition Section 2 (e) of The Payment of Gratuity Act, states that employees means the person employed on wages to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, but deliberately excluded the Apprentice appointed under the Apprentice Act. Thus even in this case also the legislature do not segregated the Contract Labours or Company payroll employees in respect to Gratuity payment. Hence an employee whether on-roll or through contractor, will be eligible for the payment of Gratuity upon substantiated S. 4 (1) read with S. 2(c). From the above discussion it is clear that If any welfare legislation, contemplates two meanings, then the Judiciary do interpret the cause which best serves benefit to the beneficiary or the employee. Under CLRA Act, wages includes the payment which the Employees are entitled for payment at his/her termination form employment, be it called as Gratuity or otherwise. Gratuity applies to both on-roll and off-roll employees, if attracts S.4 of PoG Act. Under Gratuity Act Employer means the one has the ultimate control over the affairs of the Company. The Principal Employer can claim or recover the gratuity amount paid to the contract labour from the Contractor. Hope this helped. Shreyash Mohta.
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore

Bhimshi Popaniya

Posted 2 months ago

i want to make appeal in service tribunal against punishment order of departmental inquiry. so ease help me by showing me sample appeal draft.
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A. Sir, Please do contact us through vidhikarya for such issues. However we will need proper details and issues about your case before we can help you.. Thanks, Shreyash Mohta
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Shreyash Mohta Exp: 1 Year(s) Kolkata
Sunil Kumar Singh Experience: 17 Year(s) Kanpur
Rameshwar Dadhe Experience: 2 Year(s) Aurangabad
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar

krishan chand

Posted 2 months ago

my mother in law given a plot to her daughter and my wife though gift deed blood relation. I was given itimation to my dept. within one month. my dept is asking income of source of my mother in law. is deptt ask from 3rd party income of source. any written
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A. It is better for your Mother in-Law to reveal it to the concerned authorities.
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ARPIT BATRA Exp: 11 Year(s) South Delhi
Shanti Ranjan Behera Experience: 22 Year(s) Bhubaneswar
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Sunil Kumar Singh Experience: 17 Year(s) Kanpur

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