Declaration of incorrect marital status- invalidation of ALL nominations by TCS
Declaration of incorrect marital status- invalidation of ALL nominations by TCS
My 39 year old brother died of cardiac arrest and he was employed with TCS in Mumbai. He was having a bad marriage, harassment by his wife and had filed for a divorce petition which was active while h
3 years ago
A. Nominee can get benefits if there is no other Legal heir. In present case Nominee and the legal heir is the same ie. Father of the deceased. He will get his share with other Legal heirs like wife and kids.
Jagannath S Pawar
Ayantika Mondal @ Prime Legal
Hearing on notice in 11a
Is hearing on notice possible in labour court under section 11a? It is only for section 10a right?
3 years ago
A. Hi,
Notice is an essential part of any legal process. As such, notice can be issued under Section 11A and other sections, it is not limited to Section 10A.
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Ayantika Mondal @ Prime Legal
Costs in labour court
Can interim order passed with costs in labour court? Can one party(say petitioner) insist the court on putting costs if such situations arise?
3 years ago
A. Hi,
Then petitioner can make such requests, but the Judge has powers to grant or reject it.
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Ayantika Mondal @ Prime Legal
Interim relief in labour court
1) How interim relief work in labour court? 2)can we ask for it at any stage during trial? 3)Is there any separate section for it?
3 years ago
A. Hi,
1. Yes, you can request interim relief.
2. Yes, you can.
3. This power is inherently granted to all Labour Courts under the Industrial Disputes Act.
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Ayantika Mondal @ Prime Legal
REINSTATEMENT & RESIGNATIION
ON REINSTATEMENT ALL EARLIER RESIGNATION/OFFER TO RESIGN BECOMES NULL AND VOID. ONE CAN NOT BE REILEVED ASFTEr REINSTATEMENT WITHOUT FRESH RESIGNATION SUBMITTED AFTER REINSTATEMENT ONLY
3 years ago
A. Hi,
The normal practice is for a fresh resignation to be issued in case the re-employee wishes to leave. However, this would depend on the terms of the contract.
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Ayantika Mondal @ Prime Legal
Can a private company out an employee salary on hold whenever they want?
Hi, I am working in a private company which is located in Hyderabad. However, due to the pandemic, I was working from home. My employer asked me to resume work from office to which I agreed but asked
3 years ago
A. Hi,
Initially, you may visit the company and seek clarifications regarding the same.
However, more information is required to advice you properly.
Ayantika Mondal @ Prime Legal
Transfer of employee or workman whether an Industrial Dispute U/s.2(k) I.D Act
The employer has got prerogative right to place which employee/workman where, in which location, or which unit, etc. Question (i) Transfer of an employee or workman whether an can be raised as an Ind
3 years ago
A. Hi,
Yes, it can be construed as a dispute within the ambit of S.2(k) of the ID Act.
However, most employees are bound to obey the transfer orders as the same would be mentioned in their employment contracts.
Ayantika Mondal @ Prime Legal
Registration of a Trade Union- for workers of different employers- possible ?
A trade Union was registered to allow the regular employees as well as contract labour to admit as members in their union, where the workmen employed by different employers, different companies, i.e.
3 years ago
A. Hi,
Yes, it is legal for trade unions to allow such practices.
Ayantika Mondal @ Prime Legal
Locus standi of Regular employees Union to raise disputes of contract labour under I.D Act
There is a company called ABC Ltd, there are regular employees in that company, and there are also some contract labour in that company under XYZ Pvt Ltd. A Trade Union was registered with the name o
3 years ago
A. Hi,
If the employees of XYZ are members of the ABC trade union, then yes, they do have legal grounds to raise concerns and disputes about them.
Ayantika Mondal @ Prime Legal
Lay off chapter Section 25-C I.D Act applies to establishments below 50 workmen
There is a factory or mine having 25 to 30 workmen. Whether the Lay Off Chapter applies to such an establishment or not ? Questions (i) If Lay off chapter is not applicable, in such case, when the
3 years ago
A. Hi,
1. Yes, it would be applicable.
2. No, they cannot ask for full wages, but they are entitled to compensation for lay-off.
Ayantika Mondal @ Prime Legal
