Payment of Gratuity_Practical Problems_2

Rajesh was occupying service quarters of the company. After his retirement, he did not vacate the quarters. In retaliation, the company withheld the gratuity payable to him. Is the action of the company justified ?

Industrial Dispute Act_Practical Problems_3

Sameer died suddenly while working in a factory. The workmen refused to resume work to express solidarity with the deceased worker. Does the action of the workmen amount to strike under the Industrial Disputes Act, 1947 ?

Industrial Dispute Act_Practical Problems_2

Prem and Qureshi established a legal consultancy firm. They employed three law graduates, a stenographer and a typist to assist the firm. After five years, the services of the stenographer were terminated without assigning any reason. He raised a dispute before the Labour Court asking for reinstatement or retrenchment compensation as contemplated by the Industrial Disputes Act, 1947. Will he succeed ?

Right to Information Act_15

What are the penalty provisions?

Every PIO will be liable for fine of Rs. 250 per day, up to a maximum of Rs. 25,000/-, for -
i. not accepting an application;
ii. delaying information release without reasonable cause;
iii. malafidely denying information;
iv. knowingly giving incomplete, incorrect, misleading information;
v. destroying information that has been requested and
vi. obstructing furnishing of information in any manner.
The Information Commission (IC) at the Centre and the State levels will have the power to impose this penalty. The Information Commission can also recommend disciplinary action for violation of the law against an erring PIO. (S.20)

Right to Information Act_14

Who are the Appellate Authorities?

First Appeal: First appeal to the officer senior in rank to the PIO in the concerned Public Authority within 30 days from the expiry of the prescribed time limit or from the receipt of the decision (delay may be condoned by the Appellate Authority if sufficient cause is shown).
Second Appeal: Second appeal to the Central Information Commission or the State Information Commission as the case may be, within 90 days of the date on which the decision was given or should have been made by the First Appellate Authority. (delay may be condoned by the Commission if sufficient cause is shown).
Third Party appeal against PIO's decision must be filed within 30 days before first Appellate Authority; and, within 90 days of the decision on the first appeal, before the appropriate Information Commission which is the second appellate authority.
Burden of proving that denial of Information was justified lies with the PIO.
First Appeal shall be disposed of within 30 days from the date of its receipt. Period extendable by 15 days if necessary. (S.19)

Right to Information Act_13

What could be the ground for rejection?

If it is covered by exemption from disclosure. (S.8)
If it infringes copyright of any person other than the State. (S.9)

Right to Information Act_12

What is the time limit to get the information?

30 days from the date of application
48 hours for information concerning the life and liberty of a person
5 days shall be added to the above response time, in case the application for information is given to Assistant Public Information Officer.
If the interests of a third party are involved then time limit will be 40 days (maximum period + time given to the party to make representation).
Failure to provide information within the specified period is a deemed refusal.