LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Mukta   29 June 2015 at 15:46

Amendment to any service agreement

Can the term (period) of of any service agreement be amended in the addendum to the agreement?

Rochak Srivastava   28 June 2015 at 23:21

Non payment of annual bonus with full & final settlement

Dear Sir,

I would like to draw your kind attention towards an issue under which I went while I was working with Kotak BankLtd in bullet points.

· I joined bank on 1st May 2013 where in offer letter it was mentioned that in case I do not complete IRDA certificate and NSDL certificate my confirmation would not be done and an amount of 1 lakh INR as part of confirmation bonus would not be released.
· I did my IRDA in August 2013 itself.
· I asked my immediate supervisor Mr Rohit Kapoor in November 2013 that had my services been confirmed, he said yes to me on which I wrote a mail to HR RM Mr Gaurav Uppal in December to kindly release my confirmation bonus of 1 lakh under assumption that my probation period is over as confirmed by my supervisor.
· Mr Gaurav Uppal did not find time in replying the mail ( I have mail records) and on my many reminders, he called me in Feb 2014 stating that since my NSDL is pending my confirmation is due and it would not be released. I said ok, when I will do it I will write back so that amount can be released.
· In mid May 2014 appraisal ratings and annual bonus were declared and my ratings were not displayed in system. I wrote to Gaurav Uppal on mail, on which he replied contact your supervisor. On the day it was declared my new super boss Mr Harit Johri visited branch and I asked the same, he adviced me abount my annual appraisal, increment of 75K and annual bonus of 1 lakh, and told me that since I have not done my NSDL certificate it has been put on hold. I enquired him, that no such official mail has come stating that increment/bonus would be on hold and same was not mentioned on offer letter.
· But it was of no use, as it was neither released nor any official communication was send.
· In August 2014 I got mail stating my salary was on hold for non completion of NSDL certificate, on which I wrote to new HR RM Mr Ashish Talwar, who discussed with other departments and got it released. Again I got mail in mid September 2014 stating that my salary is on hold as I have not done NSDL certificate.
· I wrote back again that I have taken test date for 29th September 2014 as that is the only available date for test and requested to release salary. But it was of no use.
· Finally I decided to leave the organization as found no reason to stay where in HR is not ready even to reply on my 7 mails asking under which clause or proposition my salary has been put on hold. Where in offer letter it was mentioned that salary would be put on hold. Which law under various government act allows organization to hold salary of the person who has worked and marked attendance for full month.
· My last working day in the organization was 29th November 2014.
· With my full and final my September/October and November months salaries were released along with leave encashment.
· My increment amount and annual bonus of 1 lakh is yet to be released.

My questions

· Under which clause/section/rule my salary were put on hold.
· If there were any such rules, then why hold salary was released along with full and final. Bank should have not released that too.
· If it was released then why my increment amount was not released.
· Why organization is not releasing my annual bonus amount of 1 lakh which was for 2013-2014 work not for any other affair. It has nothing to do wth NSDL.

Seek your kind assistance in order to
in order to understand how to pursue the case further in order to get my pending bonus released.

Regards

Rochak Srivastava

siddhesh   28 June 2015 at 17:31

Want to leave new job

I want to leave my new job because of traveling distance.I have joined new comapny 7 days ago. I have not sign any bond with company. They don't have given me offer letter still. So can you tell me how the proper way to leave job? Is it possible to me leave job in this situation? Will they allow me to leave job?

Awadhesh Singh   26 June 2015 at 13:23

Partnership

Dear Sir,
One of my friend is in real estate business and constructing apartments in a partnership firm. He is having his 50% share. In that project he has offered me to join him as his partner of 25% of his share of 50%. I am willing to join him as his partner of 25%. What type of agreement I should enter with him? Is it permissible as per existing law?
Pl opine

SANDEEP GONDALE   25 June 2015 at 16:04

Mistake in contract

Dear All,
Following are the Facts of My query:

I have executed an Agreement with a Contractor to complete a specific Task/work within 2 year. And from the Date of Completion to provide 06 months (Mistake in Contract) post completion services.
During the Course of negotiation, as recorded in Minutes of Meeting, Contractor agreed to provide 01 years post completion services, but due to mistake/error unfortunately 06 months recorded in the executed contract.

The Contract also says that “Agreement supersedes all communication, negotiations and Agreement (whether written or oral) of the parties with respect thereto made prior to the date of Agreement”

Please suggest any way out in this case as the Contractor is now denying his responsibility with a plea that 06 months recorded in executed Agreement between us.

More Specifically I am concern with the status of the Contract in view of Section-20 (Agreement void where both parties are under mistake as to matter of fact) of Indian Contract Act .

Ashwin Jain   24 June 2015 at 17:46

Relaxations for startup company as per the companies act, 2013

Respected Expert,

My question is regarding the relaxations for startup company as per the companies act, 2013

Q. What are the relaxations provided to the startup companies by the Companies Act,2013

I will be very much obliged if an appropriate answer is given to my query by the experts as soon as possible.

nemish jain   23 June 2015 at 11:54

Bank charged penal interest

sir,

i am a small businessmen,
and is working in scrap business

I took a bank Loan from a concerned bank,which included the terms that

you r not supposed to operate with other bank except the concernced bank Account from were i took the loan

i had an bank to be dealt for my inter bank transactions.
the bank noticed from my balance sheet that

i had some other bank besides the concerned bank

so they charged me the penal interest @ 2percent on loan account

pls help me to deal it for refund

Naina   22 June 2015 at 18:36

PIL against a telecom company

Dear experts, greetings to all of you !

I have recently had a very bad experience with a telecom sector company where I observed that this company sells its products to people in the area where they don't even actually provide services & on top of that, don't cancel the connection even after multiple requests for the same. This all has happened with me. I have further more facts about this which actually are completely against their social responsibility towards their customers. I can very comfortably call their behavior as "harassment". I visited this company's facebook page too, & see that it's not just me, all the same has happened with many other customers too who have cursed them on their page through comments on their posts.

I got so much disturbed with all this that I thought of filing a PIL against this company, because if they continue like this, they'll keep harassing many more people like this. But I don't know the pricedure at all. Can anyone of you become a guide to me in this ? I want to do this just for the sake of society at large.

Please leave your contact no. in the comments if I can get in touch with you for further facts.

Thanks
Naina

Aarti   22 June 2015 at 16:37

Non receipt of payments...

I own a proprietorship firm, making garments & supplying to corporates. In October, 2013, I supplied garments to a client whose parent company is listed on the stock market as well. The goods were supplied against Purchase orders and on the client's brand name.

In January, 2014 we were informed that they were closing down their stores and returning back the material. Initially we were not ready to accept it as the garments were made on their brand name but since we were not getting any payment from their side, we accepted the same on the condition of all expenses paid (transportation & octroi) & delivered to our office.

We have received goods from 7 stores but by the time we slowly received goods, over a time of around 6-8 months, they had sold off a major chunk of it and it all has accrued in the payments overdue. The company has a parent company who is majorly in to jewellery business and they are now insisting that we take jewellery against our payment as they won't be able to make the payment.

There is a very big catch here.. The company is in to supplying branded jewellery on MRP basis and is insisting that I pick the jewellery only from the few diamond sets which will be offered to me at their office, that too on MRP basis!

I have enquired from the market that the company is not using good quality diamonds, their certification is also fake most of the times and moreover picking the jewellery on MRP means I won't get more than 30% return of the value they claim!

I am planning to approach some media groups to highlight my issue since its a big corporate name. If anyone can provide any contacts on this, I'll be highly obliged!

Also planning to go legal. Any good but reasonable lawyer with prior experience of fighting such case against corporates, in Mumbai preferably, please contact.

Experts please advise.

nemish jain   20 June 2015 at 11:58

Start a barrel business

I want to start a barrel business and has duly complied all laws of companies act 2013

Which Acts i must refer
to study the specific statutory requirements for barrel business


i have company registered,is having vat registration,excise registration


also provide me details required to start a barrel business