Facing Unfair Dismissal And Biased Enquiry: What Can This Employee Do Next? (438) (28/Mar/2009)
A worker is engaged in a company. Due to a spinal cord problem he had taken ESIC leave with prior intimation. On the basis of the long leave the company was biased against him and decided to remove him and issued a show cause notice that he is absconding. A...
Total participants: 2, View average: 0.4379

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Facing A Domestic Inquiry Without Suspension: How Can I Secure My Livelihood Without Salary? (704) (07/Oct/2023)
You lodge a claim under non payment of wages provided you have attendance for those periods before the labor authority. In the case of a supervisory or managerial position the claim should be filed before the court....
Seniors participating: 3, Total participants: 5, View average: 7.7439

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Can I Challenge My Gratuity Payment In Court? Seeking Advice On Legal Steps (373) (14/Apr/2023)
Sir I joined an Unaided Engineering College in Maharashtra on 16 6 1986 as a Lecturer. I retired as an Associate Professor in May 2021. My last salary was Rs. 116600/ as per the 6th pay scale. The college had paid me a gratuity amount of Rs. 8 lakh in...
Seniors participating: 2, Total participants: 4, View average: 3.4234, Contains Attachments

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How Should Employers Handle Misconduct Enquiries? A Look At The Supreme Court's Guidelines (547) (10/Jun/2021)
Misconduct Enquiry and Ensuing Order Ten Commandments for Employers Ten Commandments: To support its decision the Hon ble Supreme Court reiterated the broad principles governing the realm of conducting an enquiry set out in Workmen of Firestone Tyre & Rubber Co. of India P Ltd. v. The Management of Firestone...
Seniors participating: 1, Total participants: 2, View average: 1.5852

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Supreme Court Ruling On Delayed Claims: How Does It Impact Employee Reinstatement? (1492) (04/Aug/2007)
Hi Friends The Supreme Court of India in one recent caseState of Punjab Vs. Anil Kumar2007 LLR 674 held that approaching labour court by workman after 13 years of his termination will not justify back wages even if he is found entitled to reinstatement in service. The facts of the...
Total participants: 4, View average: 1.9119

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How Can Employees Fight Wage Denial During Enquiry Without Termination Or Suspension? (409) (09/Aug/2017)
Yes the inquiry has been completed without any interference. The employee was not suspended and the inquiry was conducted to give a false shape after transferring the employee from U.P. to Tamil Nadu. The purpose was to prove misconduct of not obeying the reasonable orders of the superiors and not...
Seniors participating: 2, Total participants: 4, View average: 0.3822

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Navigating Domestic Enquiries: What's The Right Order For Legal Letters And Timing? (989) (29/Feb/2016)
Is a Second Show Cause Notice Necessary? There are two views on whether a second show cause notice disclosing the proposed punishment is necessary. 1. After the amendment to Article 311 of the Constitution it is dispensed with. Many PSU CDA rules have removed the requirement for a second show...
Seniors participating: 2, Total participants: 6, View average: 1.5292, Contains Attachments

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