Dear all Hr Manager
we have receive a summons in the name of our project manager from C.J.M office for a case which was inspected by L.E.O (central) regarding Minimum wages on dated 19.09.2010.
we have submitted a written clarification for their offences which they found in our project site on dated 20.10.2010. and at that time they told that the reply was satisfactory. After this we think that the case is closed.
But on dated 02.11.2012 we receive a summon in the name of our project manager for the same case. We are shocked after taking the case detail from the chief judicial magistrate and in that letter it is written that the our reply letter was not satisfactory.
there is also a problems that herein dated was 14.06.2012 and we receive summon on dated 02.11.2012 from police inspector and the letter was receive by our Security guards.
therefore i requested to all Law or Hr manager to reply so that i can handle this situation very eficeinlty
From India, Jamshedpur
16we have receive a summons in the name of our project manager from C.J.M office for a case which was inspected by L.E.O (central) regarding Minimum wages on dated 19.09.2010.
we have submitted a written clarification for their offences which they found in our project site on dated 20.10.2010. and at that time they told that the reply was satisfactory. After this we think that the case is closed.
But on dated 02.11.2012 we receive a summon in the name of our project manager for the same case. We are shocked after taking the case detail from the chief judicial magistrate and in that letter it is written that the our reply letter was not satisfactory.
there is also a problems that herein dated was 14.06.2012 and we receive summon on dated 02.11.2012 from police inspector and the letter was receive by our Security guards.
therefore i requested to all Law or Hr manager to reply so that i can handle this situation very eficeinlty
From India, Jamshedpur
Dear NPMB,
It appears the notice was not replied properly and also the complaint case was not attended properly at the begging stage.
Is there anything in writing or there is any evidence of your statement that the authority was satisfied that there was no breach of the Act. Have they recorded their observation in the file?
You have just mentioned that the authority was satisfied. But what?? Was the authority satisfied that the breach was committed??
Don’t make any delay in the matter and avoid appearance on one and the other ground like summon was not received by proper person or like this…. Just appoint a good Advocate and contest the case taking your entire defense otherwise your company will be in trouble.
pkjain
From India, Delhi
It appears the notice was not replied properly and also the complaint case was not attended properly at the begging stage.
Is there anything in writing or there is any evidence of your statement that the authority was satisfied that there was no breach of the Act. Have they recorded their observation in the file?
You have just mentioned that the authority was satisfied. But what?? Was the authority satisfied that the breach was committed??
Don’t make any delay in the matter and avoid appearance on one and the other ground like summon was not received by proper person or like this…. Just appoint a good Advocate and contest the case taking your entire defense otherwise your company will be in trouble.
pkjain
From India, Delhi
Dear member
You have received the summons which clearly means that the case has been filed against you for breach of provisions of the law.
You have mentioned that the reply was submitted and you were TOLD that the answer is satisfactory and this where most of us get into trouble. Authorities always assure that the replies submitted by us are satisfactory but they never give it in writting. It is always suggested that such statements " reply found satisfactory" are taken in writting.
However, as you have already received the summons it is best that you appear and appoint a good advocate to defend your case.
Regards
Preetam Deshpande
From India, Mumbai
You have received the summons which clearly means that the case has been filed against you for breach of provisions of the law.
You have mentioned that the reply was submitted and you were TOLD that the answer is satisfactory and this where most of us get into trouble. Authorities always assure that the replies submitted by us are satisfactory but they never give it in writting. It is always suggested that such statements " reply found satisfactory" are taken in writting.
However, as you have already received the summons it is best that you appear and appoint a good advocate to defend your case.
Regards
Preetam Deshpande
From India, Mumbai
The replies are the copies of the statement and sufficient for the purpose of inspection be the LEO. In order to substantiate the complaint made against the CO all have received the summons to adduce evidence. The contents of the replies are statements may be used against the employer. It will be inthe interest of the Co if some good lawyer is engaged. I guess the Co. must have recd some notice form the Court also.
From India, Jaipur
From India, Jaipur
No we don’t have receive any intimation from court and 1st herein date also. we just receive a summons on dated 02.11.2012 for the herein date was 14.07.2012.
From India, Jamshedpur
From India, Jamshedpur
i also talk to L.E.O that if the answer is not satisfactory then why they don't send the 2nd show cause notice to us.
When they fillind a case in C.J.M court then why they don't intimated us for the same. who will inform us for the case. Court will not liable and L.E.O also says that we are not liable to send any such intimation to company. then who will intimate us. how we know that such type of case is running in C.J.M court
From India, Jamshedpur
When they fillind a case in C.J.M court then why they don't intimated us for the same. who will inform us for the case. Court will not liable and L.E.O also says that we are not liable to send any such intimation to company. then who will intimate us. how we know that such type of case is running in C.J.M court
From India, Jamshedpur
Now there is no use of any complaint or discussion. Since the case has been filed, rightly or wrongly, you have to contest the same, as advised earlier please don’t waste the time and take appropriate action.
The penalties are very severe for not compliance of the provisions of the MWA as such take immediate action.
Appear before the court and inform to the court that the court’s summon was served after expiry of the date and if any order against your company has been passed ex -parte also submit a recall application.
Pkjain
From India, Delhi
The penalties are very severe for not compliance of the provisions of the MWA as such take immediate action.
Appear before the court and inform to the court that the court’s summon was served after expiry of the date and if any order against your company has been passed ex -parte also submit a recall application.
Pkjain
From India, Delhi
but we have a proble that our job site was closed in the year dec 2011 and the project manager had resign in the same date then we can do how we present him actually he is no longer in our company
From India, Jamshedpur
From India, Jamshedpur
we have two job site one is BF#2 (blast furnance) another os CRM this case happen in BF#2 which was closed in the year dec2011.
From India, Jamshedpur
From India, Jamshedpur
What would be happened if the court passed an ex parte order against your company?
And the recovery / decree is imposed on the company or on its Directors/occupier or any other competent authority of the company whom so ever it may be found responsible under the law.
Project may be ended but the company will always in existence and cannot get ride off its responsibilities. Though it may be good ground of your defense, so please consult an advocate and appear before the court and inform to the court about the facts. If after considering the all relevant facts the court found that the case is not maintainable it may dismiss the same.
pkjain
From India, Delhi
And the recovery / decree is imposed on the company or on its Directors/occupier or any other competent authority of the company whom so ever it may be found responsible under the law.
Project may be ended but the company will always in existence and cannot get ride off its responsibilities. Though it may be good ground of your defense, so please consult an advocate and appear before the court and inform to the court about the facts. If after considering the all relevant facts the court found that the case is not maintainable it may dismiss the same.
pkjain
From India, Delhi
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