Tuesday, 22 January 2019

Our New Year's Resolution!

Dear friends,
January is that time of the year when there's a nip in the air and a whiff of hope about how the new year could go for all of us!
Let's resolve to carry on our crusade for getting our Wage Revision Arrears from our ex-employer - LIC of India.
Let's pray and hope that the Management wakes up to its Conscience or is prodded by the Government to give us our dues gracefully.
If that doesn't materialise, we could explore legal options to achieve our goal.
Let’s keep up the JOSH - the spirit!
NEVER SAY DIE!
                                        Priya 

Tuesday, 1 January 2019

Can we sue L.I.C of India for non-payment of our dues?


Source: https://blog.ipleaders.in/can-employee-sue-his her-employer-penal-provisions-faced-employer/

What are the instances under which an employee can sue his/her employer?


By Ajay Thakur    

What actions can you take if your employer does not pay salaries or fails to deposit TDS or PF?
For unpaid salary, you can approach the Labour Commissioner, who will further hand over the matter to the court, in case Labour Commissioner is not able to handle the matter. The employee can make an application to the Labour Court under Section 33 (C) of The Industrial Disputes x Act, 1947. (Refer Case law: Sant Raj & Anr vs O.P. Singla & Anr on 9 April, 1985).
The definition of workman under the Industrial Disputes Act includes a part time employee (Case law: Yashwant Singh Yadav vs State Of Rajasthan And Ors. on 12 April, 1989)
Also, such an application should be made within one year from when the money becomes due from the company. All other benefits such as Provident Funds under “Employees’ Provident Funds and Miscellaneous Provisions Act, 1952”, capable of being computed in terms of money, shall also be included in the amount to be recovered. An employer who contravenes, or makes default in complying with the provisions of this Act, shall be punishable with imprisonment for a term which may extend to 3 years but which shall not be less than 1 year and a fine of ten thousand rupees in case of default in payment of the employees’ wages which shall not be less than 6 months and a fine of five thousand rupees, in any other case.
If you are an employee above the executive level or a manager and above, you can also file a case against the Company in the Civil Court.
In case of fraudulent practices by the company under section 447 of Companies Act, 2013, you can always approach Registrar of Companies and intimate them of the fraudulent activities of the company.
If for a period of one day in a year, 20 or more persons were employed in the establishment that will be sufficient to attract the provisions of the Act (Case Law: Ramanujam Press Represented By … vs The Regional Provident Fund … on 19 June, 1969)
As the power of regional PF commissioner to impose damages is a quasi-judicial function, an order under section 14(B) must be a speaking order containing the reasons in support of it (Case law: Organo Chemical Industries & Anr vs Union Of India & Ors on 23 July, 1979)

What will you do if your employer doesn’t pay you gratuity?

According to section 8 of the “Payment of Gratuity Act, 1972, in case the employer doesn’t pay the gratuity within the prescribed time to his employee (or nominee), the aggrieved employee can apply for redressal to the controlling authority. The controlling authority after investigation will issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest at such rate specified by the Central Government. In case of delayed remittances of contributions, administrative / inspection charges by an employer, he has to pay both interest and damages for the period of delay.
According to section 11 of the “Payment of Gratuity Act, 1972, where the amount of gratuity has not been paid, or recovered within 6 months from the expiry of the prescribed time, the appropriate Government shall authorise the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within 15 days from the date of such authorisation, make such compliant to a magistrate having jurisdiction to try the offence.
According to section 9 of the “Payment of Gratuity Act, 1972, if the employer fails to pay the gratuity, he shall be punishable with imprisonment for a term which shall not be less than 6 months but which may extend to 2 years, unless the court trying the offence for reasons to be recorded by it in writing, is of the opinion that lesser term of imprisonment or imposition of a fine would meet the ends of justice.
Here “Controlling Authority” means an authority appointed by the appropriate Government.
In case of rival claimants to gratuity under the Payment of Gratuity Ac, civil court has jurisdiction to go into disputed matter (Asha Devi Jauhar vs. Sharda Dcvi 197g rr LLI 345)
Merely stating that the employees went on an illegal strike and thereby caused a heavy loss to the company is not a ground for denying gratuity (Refer case law: Bombay Gas Public Ltd. Co. vs Papa Akbar And Another on 18 September, 1989)
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Dear friends,

In light of the above-published report, we, the resigning ex-employees can sue L.I.C of India for non-payment of our wage-revision arrears and non-payment of difference in retirement benefits.

Let's take collective action by filing a Class-suit with the Labor Commissioner! If any group of resigning ex-employees has already taken this step, let me know about it. I'll be thankful for the information.

Priya

Sunday, 2 December 2018

LIC, kindly reveal the statistics pertaining to repudiated arrears too!

Source: m.economictimes.com 

2017-18

VIEW IN APP
LIC received cabinet approval earlier this year to buy 51 per cent stake in state-run IDBI, which will make the government a minority shareholder in the bank.
MUMBAI: LIC Chairman V.K. Sharma on Friday handed over a cheque of Rs 2,430 crore as dividend for financial year 2017-18 to Finance Minister Arun Jaitley.

Speaking to reporters here after meeting the Finance Minister, Sharma said that state-owned Life Insurance Corporation (LIC) recorded a surplus of Rs 48,444 crore during the the last fiscal 2017-18.
He said that LIC would also infuse Rs 15,000-20,000 crore into the loss-making IDBI Bank struggling with accumulated bad loans.

LIC received cabinet approval earlier this year to buy 51 per cent stake in state-run IDBI, which will make the government a minority shareholder in the bank.

************************************************
IN THE LIGHT OF THE ABOVE-MENTIONED REPORT, OUR HUMBLE REQUEST TO LIC:

KINDLY REVEAL THE STATISTICS PERTAINING TO THE WAGE REVISION ARREARS DUE TO THE RESIGNING EMPLOYEES, SINCE 1997; ILLEGALLY REPUDIATED BY YOU!

WHY CAN'T YOU PLAY FAIR AND HONOUR YOUR COMMITMENT TOWARDS US TOO, BY GIVING US OUR DUES?

SURELY, YOUR SURPLUS OF Rs. 48,444 CRORES WOULD BE MORE THAN ENOUGH TO DO SO!

THANKS IN ANTICIPATION. 
                                                  RESIGNING EX-EMPLOYEES 

Sunday, 18 November 2018

LIC - IDBI deal

Source: m.economictimes.com

LIC makes open offer to buy 26% more in IDBI Bank for Rs 12,600 crore

Union Cabinet on August 1 cleared a proposal for purchase of 51 per cent controlling stake in IDBI Bank by LIC.
LIC on Thursday came out with an open offer for acquiring 26 per cent of equity inIDBI Bank at a price of Rs 61.73 per share, entailing total payout of over Rs 12,602 crore.

Earlier in the day, the IDBI Bank board approved the proposal for issuance of preferential shares in favour of LIC with a view to increase the share of insurer in the bank up to 51 per cent.

LIC made a public announcement for the open offer to shareholders, including retailers, as per the Sebi’s regulations with regard to substantial acquisition and takeover of shares in a company.

According to the open offer, LIC proposes to acquire more than 204 crore equity shares of Rs 10 each, equivalent to 26 per cent equity of IDBI Bank.


The board of IDBI Bank approved the preferential allotment of equity shares to LIC aggregating up to 51 per cent of post issue paid up capital of the bank, IDBI Bank said in a regulatory filing. At a price consideration of Rs 61.73 per equity, assuming full acceptance under the offer for 2,041,512,929 shares (or 26 per cent), the total payable by the acquirer (LIC) will be Rs 126,022,593,107, IDBI said in its latest filing on behalf of LIC.

The offer price will be paid in cash.

“The board of directors of the target company (IDBI Bank) in their meeting held on October 4, 2018 have authorised the preferential allotment representing up to 51 per centof the fully diluted voting share capital (preferential issue) in favour of the acquirer (LIC) along with the acquisition control,” it said in the filing.

The government has already approved the proposal of LIC to increase the stake in IDBI Bank.

IDBI Bank board today also approved increasing authorised capital of the bank from Rs 8,000 crore to Rs 15,000 crore.

The meeting also cleared a proposal for re-classification of LIC as promoter of the bank post acquisition of 51 per cent stake in IDBI Bank, it said.

The board also approved alterations in Articles of Association of the bank.

Union Cabinet on August 1 cleared a proposal for purchase of 51 per cent controlling stake in IDBI Bank by LIC.

The bank, in which the government holds 85.96 per cent stake, had posted a net loss of Rs 2,409.89 crore in June quarter of this fiscal. It had gross non-performing asset(NPAs) of about Rs 57,807 crore.

The board of Insurance Regulatory and Development Authority of India (Irdai) in June permitted LIC to increase its stake from 10.82 per cent to 51 per cent in IDBI Bank.

As per current regulations, an insurance company cannot own more than 15 per cent stake in any listed financial firm. LIC has been looking to enter the banking space by acquiring a majority stake in IDBI Bank as the deal is expected to provide business synergies despite the lender’s stressed balance sheet.

With culmination of the deal, LIC will get about 2,000 branches by which it can sell its products, while the bank would get massive funds of LIC. The bank would also get accounts of about 22 crore policy holders and subsequent flow of fund.