q1: An employee had three manufacturing units at different places, each registered separately as a factory under the factories Act, 1948 and each employing 50 employees.
The competent authority under the Apprentice Act,1961 clubbed the three units and determined the total strength of apprentices to be inducted into the units.
Is the clubbing valid?
ans: aCC. TO THE LAW NOTHING IS SPECIFIED BUT LOGICALLY AUTHORITY CAN DECIDE ON THE ISSUE AND WE HAVE TO OBEY IT.
Q2:Under Payment of Gratuity,1972 an employer can withhold the payment of Gratuity of an employee when the latter fails to vacate the accomodation alotted to him by the employer.
ans: UNDER THE ACT WE CANNOT WITHHOLD THE AMOUNT HOWEVER THE CHARGES CAN BE ADJUSTED WHILE DOING FULL & FINAL!! GRATUITY IS A PART OF FULL & FINAL SETTLEMENT! AND AS EMPLOYEE DOES NOT VACATE THE PRIMISES YOU CAN ISSUE HIM SHOW CAUSE NOTICE BY MARKING CC TO LABOUR OFFICE TO AVOID ANY FUTURE LEGAL HURDELS
Q3:A bus conductor died of a heart attack after working hours while he was sleeping in the bus which was standing at a bus depot. The nominee of the deceased conductor claimed compensation under Workmen's Compensation Act,1923.
Is the emloyer liable to pay the compensation to the nominee?
ANS: NO ! BUT YOU SHOULD BE SURE AND MUST PROVE THAT HE IS NOT ON DUTY WHILE DEATH! AND DEATH SHOULD NOT BE RESULTED OF ANY ACCIDENT AND IT SHOULD BE NATURAL, MEDICAL CERTIFICATE IS ALSO REQ.
Q4:On the basis of an agreement signed between the trade union and the management it was agreed to pay a bonus of 30% of wages to all eligible employees under Payment of Bonus Act,1965.
Is the agreement valid?
YES MIN SET BONUS IS 20% !! THERE IS NO MAX LIMIT DEFINDED BUT ONCE YOU HAD GIVEN PRIVELDGE YOU CANNOT WITHDRAW IT UNDER THE ACT!
REGARDS
MANISH GUPTA