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Narayanan kv   14 May 2022 at 19:51

Issue with my ex-employer


Myself Narayanan , At present am an farmer .Earlier I was working with a partnership firm from 2009-2021
( Job confirmed on 2011) . They are doing multiple business like mining - retail (Petroleum-product) and etc..No appointment letter was issued. They started to pay pf after 2011-jun. first three years i was worked in site ( contract work done by company) duty assigned by my supervisor. After that I was transferred to Head office in 2012 No transfer letter everything is in oral. From 2013 I was working in head office as an assistant
( designation mentioned in pf slip & salary certificate) . company has two petrol pump and doing retail business . Each outlet has manger and cashiers and they were doing purchase , sales remit cash in bank and they will submit report to head office . My work starts here , receive the data's ( reports from branch-outlet) and summarize and forward to my seniors. I was doing the work as directed by chief accountant and gm. it was going on. meanwhile in branches they started to give credit to customers. At on stage it was in crore . I was informing everything to chief accountant/ gm in written and oral on daily basis. I was entering data's in computer received from branches/outlet and generating reports . That can be viewed by every one of my superiors . Also I was making cheque payment to buyers - all are accounted as directed by accountant and gm. no cash transactions involved with me as the sales is done by branches. i do make bills payment and entering data's and filing Gst returns and submitting reports. at one stage company couldn't meet daily payment because of increase in credit sales and matter has taken to managing director, branch managers was called to head office and conduct a meeting and both branch managers assured and assigned to collect the entire outstanding and gave a written statement that they are responsible for outstanding and cash suspense. It was happen in Nov 2020. salary has stopped to branch managers from Nov 2020. It is surprised no salary for me also for dec 2020. Both branch managers was not come to office form Jan 2021. but I was going and advised by gm/chief account to go for collection / and pick cash from branch and deposit in bank/ various duty. till mar 2021 I didn't get my salary in Apr i got my dec salary then In May I got my Jan salary & in Jun I got my Feb salary. I was asked to stop all head office duty from Jan 2021 and sent to collection and cash pick up duty. in Jun 2021 new person was appointed for my seat in heat office. In 25'th Jun 2021 I went to head office I was no seat to sit and no work was assigned to me and got no proper reply. Next day onward I stop to going office and sent resignation to head office by mail in 1st Jul 2021. I got reply that it was kept pending due to not hand over the sales /purchase details and accounting related statement. But IT- incometax return has been filled for the entire period.

my resignation letter I-7-2021

Due to tight corner, I am unable to continue my service; hence I may be relieved
from service with immediate effect. My settlement may be settled at the earliest
Thank you for opportunities you have provided me over the past ten years.
Thanking you

Reply from Head Office 3-7-2021

Dear Mr.Narayanan,
Please note that you have not properly handed over the documents handled by you and also the
pending collections of both the outlets for which you are accountable. You have not attended office
after the lock down has been lifted by the State Government. In view of this, we are unable to accept
your resignation and your relieving has been put on hold.
You are hereby instructed to properly hand over the documents and collect the pending payments
failing which, we may be forced to take appropriate action.

My reply 5-7-2021

I was appointed as Asst., merely doing the work of book keeper with the proper supervision of Chief Acct. & GM. I am not holding any Official documents, I immediately submitted everything after the task was completed by me, to the Chief Accountant/ higher Official to finalize, audit/inspection and for further action.
All the credit sales are provided by the Branch Managers at their own discretion (in this connection the branchmangers already submitted written assurance/Undertaking for outstanding).While the Branch Managers are goingfor collection, myself accompanied only (with Office Interest, in my own vehicle without getting any allowances for my accompany), that too, as asked by the GM & Chief Accountant. Immediately after accompany, I have reportedeverything to the GM and Chief Acct.

In this situation, I wish to recollect one incident, during accompany with the Manager, one party used
vulgar/unparlimetray words against me (threatened me that, he will murdered me) and attacked me with Chair. I immediately reported this to GM & Chief Acct., but till date, no response/action from the Office to protect me. For the past 2-3 Months, I am not receiving any salary from the Office. Moreover, in the present situation ( Covid 19), it is not advisable to travel in the crowded Buses. And also the Petrol rates are high, I am unable to spend any penny from my pocket, without getting salary or any transport expenses.
In the meantime, you have appointed new one in my post and no seat available for me to sit and also you have already taken back all the documents and left me alone without assigning any work.

You are all aware of that, I have worked sincerely without any office of profit except my salary, in good faith and without any negligence that too, under the supervision of GM / Chief Acct,. If any action for good faith, then I will prove my side. No one left the job in the present situation, that too with good salary. I am leaving the job for survival (to safeguard me from Corona virus -as no one is left , except me to take care of my aged mother).That is the only reason for quitting job. Hence, I request you to accept my resignation, relive me and process my settlements at the earliest please.

Recently in Apr 2022- I got same in register post and replied the same to head office by registered post.

Today morning (13-5-2022) I got phone call from commissioner office and asked me to come for an enquiry against the complaint on me from my ex employer.

Please advice me am sleepless for last four years ..... time is very short am feared..... what is my mistake here
how to handle this situation. is it civil or criminal? how to handle this situation tomorrow morning i have to go commissioner office please advice me ..... am sleepless and couldn't concentrate with my personal work
. i never enjoyed a penny of money from office except my salary. am sure about that.

Thanking you

Narayanan K.V.

Recent update misappropriated complaint given on me for Rs.3500000/-

Nidhin M   13 May 2022 at 17:50

Medical examination

My mother's sister has been staying with us for the past 50 years. She is unmarried and 75 years old. Recently she left our house and started staying with a lady(40 years old) who is completely unrelated to our family. My mother's sister was showing some signs of mental issues before leaving our house. We had many times tried to get her examined by a psychiatrist before she left our house but she was not ready to co-operate with us. She was taking some anti-depressant medicine before leaving our house. We believe that she is suffering from some mental illness that is the reason she left our house.
The lady with whom our aunty is staying now was our neighbour for a couple of years and at that time she could able to establish a good relationship with our aunty and now her house is away from our house but regularly visits our neighbouring temples and all. As my aunty was showing some mental issues like, speaking vaguely alone, showing gestures alone, changing mood continuously, etc while staying with us,we tried to get her examined by a psychiatrist but my aunty was like she is absolutely fine. This unknown lady told my aunty that our family is trying to make my aunty a mad person and now my aunty believes that. Now, this lady is not allowing us to see our aunty.Her intention is to grab property in her name. He is taking a stand that a person who attained the age of majority can live with anyone at their wish. My aunty is also not ready to cooperate with us.
Could you please help us to understand whom should we approach to get her examined by a psychiatrist and give her the proper required treatment.

Jit Esh   10 May 2022 at 14:04

Transfer of father's house when there is no registry.

My father had been living in pre-independence era house, in Ambala. Things like Electricity, Water and Property Tax in Municipal Committee's accounts are all in the name of my father.

In the name of house-related papers, we've got a Stamp-Paper having will written on it, with official sub-registrar seals and witnesses. Tehsildar's office does not want to spend time checking this will in their records. I guess because this is dated in 1940. They instead are asking us to provide them with some registry no. which we don't know.

What should be done in this case? I am either looking to have this house transferred in my name, to finally sell it or I want to get rid of my name from this house, so that I won't be held responsible for anything that happens with/in this house.

Thank you.

Chintu   07 May 2022 at 16:34

Cheating case

If a person cheated in the name of job group C in railways and luted money worth 1crore from 20 persons then how many FIRs can be filled against him.if it is either 1 FIR which can be attached to single charge sheet or multiple FIRs from multiple persons with more charge sheets.could you let me know

vince   03 May 2022 at 11:30

Queries regarding family dispute and property.

I needed your advice regarding a problem

I am a married man living with my parents in the same house. The house is on my father's name. My younger sister has been married. All the house and other expenses are carried out by me. Presently there are lots of fight going on with my parents and the reason is my sister provoking them by saying lot of false things to them about me and my wife. Also since her husband is on ship, she happens to stay at my place almost daily which is creating a lot of problem. So I have some doubts which I need some inputs from you.

1. How to find out whether my father has created any Will. Can I have any knowledge about it without asking them so that it doesn't create more problem.
If he hasn't made a WILL, how much percent of property am I entitled to? Like would it be 50-50 between me and my sister, or I would have more hold compared to her?

2. What if he decides to give this current house and his earned money which is in bank account to my sister and nothing to me?(There is a high probability this could happen) Is there any way I can fight for it legally. Do I have to preserve any proof at present which will help in future.

raju   01 May 2022 at 08:30

Urgent advise request

Summoned witness did not appear and authorised someone else on his behalf to produce records. Even court accept and mentioned u/s 91(2) of cr.pc. that witness cannot be compelled. Although summoned witness was also required to give evidence along with records. My query is how to challenge this before higher court and set aside section 91(2) crpc.

Anonymous   01 May 2022 at 03:11

Help in 125crpc

Wife isn't working, No child.
Wife files 498a/306/34 and 125 crpc simultaneously

I filed for divorce and got decree
Divorce decree was granted in my favour on the grounds of cruelty u/s 13 (1) (i-a)
similar observations were made by the Judge there was a hand written evidence- an apology letter by wife which mentioned that she will not commit any mistake (lie, willful desertion etc), in future so as to she wanted to join matrimonial home.

I contested both 498a and 125crpc
We all in the family were aquitted in u/s 498a /406/34 IPC.

Brief observations by Honorable court in 498a & Grounds for acquittal given by court were.
1. No demand towards dowry before/in/about the time of marriage has come on record.
2. It is proven that she left her matrimonial home without any cause and what to say about any demand of any kind of harrassment met to her, ignoring the fact that accused no1 had been pleading her intensely to talk and inform him if she had any grievances at her matrimonial home and not to leave the same.
3.Thus in view of recorded conversation which consists of the constant facts stated by the complainant contradicting her deposition before this court and also approach towards truth it is held that her deposition regarding demand of dowry and beatings and maltreatment are not trustworthy and the allegations as made by complainant are held as disapproved.
4.In present case after going through the evidence collectively and more specifically the recorded conversation complainant is not found as truthful witness.
5. Chronology of the events also shows that the complainant did not celebrate even a single festival at her matrimonial home. The evidence produced only shows that complainant had been maintaining herself most of the time at her mother's place and she had left her matrimonial house even last time without any cause.
6.The intention of the complainant to join the company of her husband at her matrimonial house also does not justify her act of making false accusations against the accused or his family members. In the present case the complainant allowed the web of falsehood to be woven against her husband and she herself assisted the same. Therefore the complainant cannot take plea of her intention to achieve the objective of saving matrimony in order to be untruthful and untrustworthy. Not only this , law does not recognise putting false accusations as lawful excuse.

I am still ordered to pay double amount what i was paying as interim maintenance, I am contesting thsi with revision petition in HC ( pending)

my query is how can i use these judgements in my favour in 125 crpc or can I file counter cases to stop their demand.

Aman Bains   28 April 2022 at 16:49

case law on 151 r/w 35 b cpc

any case law wrt 151 r/w 35 b cpc

Anonymous   21 April 2022 at 16:13

False cheque notice

we received a false cheque notice , the cheque was bounced and after receiving the intimation of the same, we after 16 days by way of RTGS made them a payment of cheque amount, they received it and accepted it , and still they have sent us 2 notices, one for under section 138 and second for cancellation of sale deed , against which said cheques were issued, as 138 cannot be applicable to us as they received and accepted the payment , now can we file any counter suit on him for sending wrong notice like defamation or any civil or criminal suit.
Kindly guide .

Anonymous   16 April 2022 at 19:35

Wife not studying for competitive exams

We had arrange marriage for 9 months. I am engineer from good govt. university. Working in Public sector. My wife is MA B.ed, 27 yrs. No job experience, average student, studied in Hindi medium. I wanted to prepare her for SSC like exam. Where Maths , Science, Computers , english n Arts subjects are learned n it could benefit her personality as well. But she has submitted to police that I pressurise her to study and I don't give her maintenance. But I only wish her to study so that she could make best use of opportunities, we could be more compatible and already I am taking care of expenses as and when required or buying clothes etc. freely for studies. Now girl n family threatening me to file Dowry case for one casual remark, if I file for divorce. Both of our parents with old thinking are interfering alot for society sake. Girl yields to what her family says.
I wish to file for divorce for non-compatibility, without maintenance.