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Suspension from service within a cpsu without show cause - should i approach a court of law?
I have been suspended from service within a cpsu without issuing a showcause notice for a very trivial issue. interesting all my other colleagues who too did not complete the said job have not been suspended. it seems to an act of vengeance and revenge against me. even after 15 days memorandum has not been given to me. it seems to be a deliberate attempt to keep in this mental trauma and agony for the minimum period of 6 months. what should i do? should i approach a court of law? what are the prospect if i do that. will i get a sudden relief if i file a wp in the high court? what could be the charges for the same?
Working days as per labour law
Dear seniors i would like to have a favour from you in sharing some of your knowledge to us. as per labour law there should be 26 working days. in months where there are 31 days and if the no. of sunday is 4 then the working days become 27. can we show 27 days in the salary/ wages salary? again in a month of 30 days if there are 5 sundays the total working days become 25. is it ok to show 25 days? your valuable reply is awaited. thank you for your help. regards j p das
Age of superannuation
Hi everybody i work for an organization which comes under factory act. the age of retirement for people upto certain executive grade is 55. where as staff belonging to senior level is 58 yrs. interestingly for other units across india the age of retirement is 58 yrs for all category of staff. interestingly the company retires employees at 55 where as the pension starts after the employee reaches 58 years of age. more over they make you accept that it is not retirement but 'superanuation' which literally means 'incapable of working due to old age. please advise whether it is legal to retire at the age of 55. the staff welfare committe has already challanged the decision in the court of law. the matter is subjudice. i ll appreciate if some input on the subject is given. thanks p.roy
Labour law issue
What if a person in sales do not perform and resign of his own on nonperformance and then move to labour court witha a clause that is was pressurised by organisation. would should be the wayin to crub this issue? what could be the process to solve the issue?
Decision of any high court binding on all authorities and tribunals throughout india
Dear all would like to share a recent judgement of bombay high court. decision of any high court binding on all subordinate authorities and tribunals through out india untill contrary view is taken by other hc in an old judgement but useful judgment bombay high court in the case of cit vs. godavari saraf held that until contrary decision is given by any other competent high court which is binding on a tribunal in the relevant state it has to proceed on the footing that the law declared by the high court though of another state is the final law of the land. which means that once a decision is given by any of the high courts in the country and there is no contrary decision by any other high court on the same issue then such decision of high court will be binding on all the administrative authorities and tribunals through out india. i personally have seen some authorities at department level arguing that a judgement of high court of other state is not binding on them. the following judgement makes it clear that when a view has been taken by a high court of any state and there is no contrary view by any other high court or supreme court on the same issue then such order of the high court will be binding on all the subordinate authorities and tribunals below the rank of high court through out the country. in this case a law was declared ultra vires by the madras high court and no contrary view was there by any other high court the tribunal proceeded on the basis of the judgment of madras high court it was held by bombay high court as follows: until contrary decision is given by any other competent high court which is binding on a tribunal in the state of bombay it has to proceed on the footing that the law declared by the high court though of another state is the final law of the land. when the tribunal set aside the order of penalty it did not go into the question of intra vires or ultra vires. it did not go into the question of constitutionality of section 140a3. that section was already declared ultra vires by a competent high court in the country and an authority like an incometax tribunal acting anywhere in the country has to respect the law laid down by the high court though of a different state so long as there is no contrary decision of any other high court on that question. it is admitted before us that at the time when the tribunal decided the question no other high court in the country had taken a contrary view on the question of constitutionality of section 140a3. that being the position it is not possible for us to take the view that the tribunal in bombay when it set aside the order of penalty went into the question of the constitutionality of that section and gave a finding that it is ultra vires following the decision of the madras high court. what the tribunal really did was that in view of the law pronounced by the madras high court it proceeded on the footing that section 140a3 was nonexistent and so the order of penalty passed thereunder cannot be sustained.
Himachal pradesh labour law termination of workers - they always threaten that we will take this thing into labour court
Hi i am working in a manufacturing company as an hr executive in himachal pradesh as in himachal pradesh labour law is very strict but this is also good & somewhat little wrong in some points as here some labours attitudes are very wrong they misbehave but as they are on our payroll so we are unable to find out the solution. please suggest me some tips on that i can terminate them as they always threaten that we will take this thing into labour court. as one week back we have given one month notice to ten people as we have less production in this month but they have created a scene & they gave threat that they will take this issue into labour inspector. please suggest me.