dear all, i want to start this session, .Here all of us will put the all case laws regarding "labour law ",specially by Bombay High court, and supreme court of india. rk.
27th September 2006 From India, Pune

Dear now a days DVD/VCD/CD r easily available on each & every domain of labour laws cases and latest judgements. u may easily procure them, what i think that we should discuss our opinions / views / implications on these judgements amd i m sure that these interactions will not only prove interesting but beneficial also for all of us.
to start with the discussions u can refer the recent jusgement of CIC on petition under RTI act,05. these cases on RTI u may easily download from CIC / GOI website. waiting for ur initiative as above.
with best regards
alok goel
27th September 2006 From India, Bharat
u have that cd / dvd, ok,
so now ,if possible , can u help me for some of my queries.
p f query
1) suppose basic 10,000 rs. then employer contribution 12 % ie. 1200.
from that 12 % can we put 8.33 % ( i.e rs. 833 ) towards pension ?
if we do this then it is legal or illegal ?
27th September 2006 From India, Pune
nice to know ur keen interest on labour law cases.
as far as ur specific query is concerned i would emphatically suggest that u should use formula "see backward, go forward". See what the prevailing practices and policies r and do accordingly, this decision u have to take as per the norms of co. permits. hope this will help.
i m still waiting the labour law case study which u intend to put forward for interaction on this forum.
with best regards.
alok goel
28th September 2006 From India, Bharat
means, if company wants to put 8.33% of 10,000 ( i.e. rs. 833 ) towards pension then it is permissible by pf dept ?
28th September 2006 From India, Pune
just to substantiate the meaning of word meaning, let me share a story with you :
Subject: The Art of asking a Question Effectively !
Jack and Max are walking to Church for a religious service.
Jack wonders whether it would be all right to smoke while praying.
Max replies, "Why don't you ask the Priest?"
So Jack goes up to the Priest and asks: "Priest, may I smoke while I pray?"
The Priest replies: "No, my son, you may not. That's utter disrespect to our religion."
Jack goes back to his friend and tells him what the good Priest told him.
Max says: "I'm not surprised. You asked the wrong question. Let me try."
And so Max goes up to the Priest and asks: "Priest, may I pray while I smoke?"
To which the Priest eagerly replies: "By all means, my son. By all means."
Moral: The reply you get depends on the question you ask.
with best wishes
alok goel
28th September 2006 From India, Bharat
No it is not mandatory to be LLB for an enquiry officer.
it is at the sole discretion of the competent authority to appoint any suitable official to be appointed as Enquiry Officer.
hope this will do the needful. if case u want any further explanation, u r welcome.
with best regards
alok goel
29th September 2006 From India, Bharat
In the organization having less than 50 employees can we terminate services of any employee without any explanation or notice thereof ?
( assume that such employee is working from last 4 years in that organization)
30th September 2006 From India, Pune

1. In every case especially re. labour laws each and every decision is based on certain facts and findings NOT ON ASSUMPTIONS.

2. it appears from the queries addressed time & again that due to lack of knowledge, skills and awareness these r arising repeatedly, and only available solution left is 'to enhace the competence level to deal with such cases / situations.

3. It seems that at some point of time everybody goes through this phase as i feel with me also but after pursuing LLB with specialisation in Labour Laws and Induatrial Relations i find it helped me a lot so i suggest that for any person to deal with such situations / cases must be quipped with proper competence (knowledge) only than he can do justice with the job.

4. for getting elementary knowledge and skills i would recommend to study 'Labour and Industrial Manual (pocket edition)' published by central law agency costing Rs. 80 only and this will help to fulfill the bare minimum requirement to get aligned with the domain of Labour law cases.

Hope this will do the needful to address the present query and the future one's also.

with best regards

alok goel
1st October 2006 From India, Bharat
hi, i am devarajan, I would like to join you all for an interesting discussion on PF. As per the provident fund act, irrespective of the salary any person who joins the organisation becomes a member of the provident fund from the day one of his/her joining. As pf is a social security scheme, it is imperative that all can be covered under the act. and regarding the calculation, 12% equal contribution from EE and ER. out of 12 % from the ER 8.33% goes to the pension fund and the remaining 3.37% goes to the provident fund of the the Employee.
it is absolutely legal for covering the employee as a member of the fund.
R Devarajan
3rd October 2006 From India, Madras


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