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D Madhavi Latha   17 March 2011 at 00:07

divorce

the cause of action applying divorce is minimum one year. if the girl is made to suffer metally and physically and want to apply for divorce and want to take back the gold and silver articles which were presented by her parents and relatives at the time of the marriage what is the procedure to be followed legally. insted of receving the articles through civil prcedure after obtain the dovorce whether we can suggest to proceed under cr.procedure i.e. lodging complaint u/s 498-a and take an order for search and scease theproperty .

Deep   16 March 2011 at 21:29

Full and Final in case of no notice period served

Hi,
I just had to resign from my job due to some unavoidable circumstances in office. . I did not serve any notice period as it was impossible to work there. These people are not giving my salary. and said i will have to pay to them as i did not serve any notice period.
In the past also they had asked the employee to leave and had paid full salary for the working days and
even the employees who had resign after taking the salary ,company has never asked them for recovery for notice period..
Even for the absconding case they had paid the salary .

THIS COMPANY HAS NEVER FOLLOWED ANY PROCEDURE SO WHAT ARE THE CHANCES TO GET MY SALARY?


Anonymous   16 March 2011 at 18:38

Asking for compensation after being fired(asked to resign) from the job.

Hi,
One of my friend used to work in Bank of America, she was asked to resign after 11 months. She did the way she was asked.

Now they want her to pay some clearance money (more than twice her salary) before she gets the relieving letter.

I'm just wondering if that's legal and instead of compensating for 2 months of pay ,why are they asking for money?

Is there any way we can get back to them?
Any help is much appreciated.

Anonymous   16 March 2011 at 15:36

Maternity Rights

Dear Sir,

I am working in a Pvt. Ltd. Company for the last 3yrs and my delivery date is very near in next couple of months. in this regards I have some questions which I want to clear :

1) Shall I be eligible for Maternity leave with Full salary?
2) For how many days leave I can avail during Maternity period?
3) During Maternity leave period should I will be eligible to get my salary on every month basis or once I join back to my job then only I will be eligible to receive my complete salary?
4) Maternity benefit comes under which Law & Act?

You are requested kindly provide your valuable advise in the above mentioned points. Your valuable feedback will sort out all my doubts and worries.

Thanks & Regards

Anonymous   15 March 2011 at 17:36

Maternity Benefit

Dear Sir,

I am working in a Pvt. Ltd. Company for the last 3yrs and my delivery date is very near in next couple of months. in this regards I have some questions which I want to clear :

1) Shall I be eligible for Maternity leave with Full salary?
2) For how many days leave I can avail during Maternity period?
3) During Maternity leave period should I will be eligible to get my salary on every month basis or once I join back to my job then only I will be eligible to receive my complete salary?
4) Maternity benefit comes under which Law & Act?

You are requested kindly provide your valuable advise in the above mentioned points.

Thanks

K V Subba Rao   15 March 2011 at 15:43

PF not withdawn, after Resignation

An employee, after rendering five years of continuous service, resigns from service and starts undertaking software work on contract basis. He proposes NOT to withdraw accumulated balance in Recognised Provident Fund account because Interest is allowed at a fairly good rate of 9.5 % and it is believed that interest earned is tax free

Please advise--

(1)whether there are any restrictions in continuing the accumulated balance with the RPF Commissioner

(2) whether interest is credited on accumulated balance continuing with the RPF Commissioner

(3) whether any Form is required to be submitted to the RPF Commissioner for crediting interest

(4) whether interest earned on accumulated balance is taxable

Anonymous   15 March 2011 at 13:30

Legal methods of REFUSING to take higher administrative work due to fragile health

15-Mar-2011
Sir,

I am having fragile health and heart problem.My doctor advice total rest.

But I am working as a Professor in a Government university, and have still 12 years of service.

Due to seniority of scale of pay, I am to get appointed as the Head of the department.

However I believe that responsibility would put tremendous pressure on my
fragile health and endanger my life.

I want a legal way out of this situation and want to opt out of difficult administrative responsibility.

Since seniority and pay scale coming in the way of my refusal to accept higher admin. responsibility, I am ready to loose them, BUT DO NOT WANT TO RESIGN MY JOB.

I am ready to loose my higher pay scale and seniority so that others below me can take a lead.

I request advice on possible LEGAL steps I can take to escape assuming administrative responsibility.

What should I report to my university?

Can I seek my pay scale reversion to entry level?

Thanks for your advice.

With regards,
Dr. S. Ananthan Kumar
Tamilnadu

Anonymous   15 March 2011 at 10:59

Termination after resignation

What should be the employers stand in case employee resigns and give limited days of notice period. Eg - if employee is required to serve 3 months employee serves only 5 days (without approval from manager). Employee on the 6th day stops coming to office. Can employer in case raise an absconding process and terminate employee.Also as per Law it is important to do Full & Final for exiting employee. Can we hold the releivng letter and only issue termination letter. Need your guidance - ITES / IT industry.

Anonymous   14 March 2011 at 22:22

Gratuity & Pension for contractual service

I am a medical graduate, working with a financial institution for the past 16 years on Contract basis without a break.
My contract is renewed annually or bi-annually.

I am planning to quit and i want to know if i am eligible for gratuity and or pension or any other benefits for services rendered for past 16 years.

If eligible for gratuity / pension, what would be the basis for calculation?

Anonymous   14 March 2011 at 11:34

Supreme Court Judgement of 2011 - implementation retrospective or prospective

Sir,

My request in the context of Supreme Court's Judgement delivered in the case of Mamta Vs. State of Orissa, year 2011 in service matter where Supreme Court mentioned that 'by merely calling of applications from Employment Exchange will be violative of Article 14 & 16 of the Constitution'. My details are as follows: -

(i) My competitive exam of stenography and typing was held with the candidates called from Employment Exchange only;

(ii) These tests were undertaken by Director, Education, Govt. of India;

(iii) I was appointed after qualifying the competitive test as stenographer on temporary basis;

(iv) My services were discontinued on the plea that I was a project employee which in fact was not true because by virtue of my appt. letter terms and conditions and other regular facilties which were given by the Govt. department.

My questions are: -

(i) Is the above Supreme Court Judgement will be implemented retrospectively in my case because my competitive test was held in the year 1996 with Employment Exchange candidates only; or

(ii) My case does not fall under the ambit of the above judgement because it was held in the year 1996 and this Judgement came after so many years i.e. 2011;

(iii) Because the Employment Exchange was considered to be the right mode of calling applications before this judgement cam in.

Please advice my at the earliest