Hi,
Just hire an Advocate and the person concerned i.e Project Manager should appear before CJM. Do not contest and let the authority (CJM) impose fine. Deposit the same at once with the Court Reader and try to dispose off the cases at first stage. There shall always be margine of error in maintaining proper records or fullfill all the obligations required by Law. .... Raj.
From India, Bahadurgarh
7Just hire an Advocate and the person concerned i.e Project Manager should appear before CJM. Do not contest and let the authority (CJM) impose fine. Deposit the same at once with the Court Reader and try to dispose off the cases at first stage. There shall always be margine of error in maintaining proper records or fullfill all the obligations required by Law. .... Raj.
From India, Bahadurgarh
Dear all,
This is a criminal case filed against ex-manager of the company. This manager, it seems is no more in employment of the company. Criminal cases are filed against a person and even if the accused leaves the employment the case against him continues to proceed against him in person. So that manager has to appoint a lawyer and defend himself. Company in such cases pays the fees of the lawyer. Also in such cases the fine amount is comparatively very small and on the first day of hearing plea of 'plead guilty' is recorded, fine is paid in court and matter is disposed off. So no need to worry.
Best regards
Sameer Paranjape ,
Advocate ( Labour Law Consultant ) Pune ,
9850083760
Share knowledge ....... gain knowledge .......
From India, Pune
This is a criminal case filed against ex-manager of the company. This manager, it seems is no more in employment of the company. Criminal cases are filed against a person and even if the accused leaves the employment the case against him continues to proceed against him in person. So that manager has to appoint a lawyer and defend himself. Company in such cases pays the fees of the lawyer. Also in such cases the fine amount is comparatively very small and on the first day of hearing plea of 'plead guilty' is recorded, fine is paid in court and matter is disposed off. So no need to worry.
Best regards
Sameer Paranjape ,
Advocate ( Labour Law Consultant ) Pune ,
9850083760
Share knowledge ....... gain knowledge .......
From India, Pune
Under section 22 of the Minimum Wages Act, 1948 the provisions are as under-
Any employer found guilty for contravenes any rule or order made under section 13 shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or with both…
There are some state amendments also- and the imprisonments may extend to one year and fine can be up to three thousand.
I have faced a case in which the CMM was bending up on to award imprisonment and we have to fight up to High Court from where we could get relief.
As such the matter needs to be dealt with all preclusions.
From India, Delhi
Any employer found guilty for contravenes any rule or order made under section 13 shall be punishable with imprisonment for a term which may extend to six months or fine which may extend to five hundred rupees or with both…
There are some state amendments also- and the imprisonments may extend to one year and fine can be up to three thousand.
I have faced a case in which the CMM was bending up on to award imprisonment and we have to fight up to High Court from where we could get relief.
As such the matter needs to be dealt with all preclusions.
From India, Delhi
Hello NPMB,
Think before you plead guilty. As PKJ sir has pointed out, courts may decide to award imprisonment.
Whether the project manager is in service or not, or whether the project is running or not, the 'occupier' or 'owner' will continue to be liable. Ask your lawyer to verify all the facts carefully and then file guilty plea if there is real issue. See Labour laws for companies in india for basic info on Minimum wages Act.
Regards,
R Ganesh 09980399665
From India, Bangalore
Think before you plead guilty. As PKJ sir has pointed out, courts may decide to award imprisonment.
Whether the project manager is in service or not, or whether the project is running or not, the 'occupier' or 'owner' will continue to be liable. Ask your lawyer to verify all the facts carefully and then file guilty plea if there is real issue. See Labour laws for companies in india for basic info on Minimum wages Act.
Regards,
R Ganesh 09980399665
From India, Bangalore
Dear NPMB,
Please take a note that there is limitation act apply to file any case
If you have missed out first hearing do not panic, just cool, it will be short it out very easily
Appoint any good lawyer and rest thing will be on right track
Ex- parte is not a decree its only decision for time being and can be challenge any time within time frame or recall with court permission. It’s also not possible for ex-parte due to various reasons.
Just cool as you are in L & T and I hope there is legal cell on it. Pass your matter to legal team
Satyendra Singh
Mphil, MBA, LLB
From India, New Delhi
Please take a note that there is limitation act apply to file any case
If you have missed out first hearing do not panic, just cool, it will be short it out very easily
Appoint any good lawyer and rest thing will be on right track
Ex- parte is not a decree its only decision for time being and can be challenge any time within time frame or recall with court permission. It’s also not possible for ex-parte due to various reasons.
Just cool as you are in L & T and I hope there is legal cell on it. Pass your matter to legal team
Satyendra Singh
Mphil, MBA, LLB
From India, New Delhi
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