HARIHARAN KRISHNAMURTHY
05 August 2010 at 08:52
Background :
The contract of employment has a clause which states that both the parties should serve a notice period of 30 days . It also states, that the employer has the option of sending the employee earlier by paying salary in lieu of notice.
Facts : The employee has given a notice to the employer by stating that he should be relieved " on or before" a particular date which is exactly 30 days from the resignation date.
The employer has however relieved him earlier by 8 days.
Can the employee claim the "salary in lieu of notice" clause and ask the employer to pay the same.
the critical thing is about the usage of the word " on or before " in the resignatino letter of the employee. Although the employee has used the word " on or before" he has mentioned the date which is exactly 30 days from the resignation date.
Can he claim the "salary in lieu of notice" benefit.
Are there any case laws supporting such a claim?
Thanks in advance,
Anonymous
05 August 2010 at 04:41
i want to know what is the actual procedure of implementing IPC CODE 467&468 On a person.
s.loganathan
05 August 2010 at 00:31
I was operating a savings account with a private sector Bank more than 3 years ago. Due to some differences with the then Bank Manager , (arising out of misappropriation of my jewel loans by him), I ended up writing a host of complaint letters (more than 20 letters) to the Branch and Management of the Bank. Finally, the Manager and his Assistant Manager were practically transfered overnight. Of course, during that period, the manager gave me a lot of pressure and retaliatory actions like recalling all my loans and my family members loans simultaneously at that time, but I was resilient enough to overcome that onslaught. It was good-ridden to have managed to get back my collateral properties and the misappropriated family jewels. That was the last I had anything to do with that Bank. Now, after more than 3 years, I got a legal notice, to my shock and surprise, claiming that I issued a cheque 3months back and that it has been dishonored and giving me 15 days notice to pay. On investigating, I have come to know that the claimant is an acquaintance of the perpetrating manager. I immediately, sent a legal reply for the notice and put him on notice for his fraudulent act. I also sent a legal notice to the perpetrating former manager and to the Bank's Branch. I did all this because I had not issued the cheque to the fraud claimant. I also followed up with a police complaint and have lodged a complaint u/s 156 in the court, which has been forwarded to the police to file an FIR. Recently, I got a summons u/s 138 of NI Act from the criminal court. On perusal of the documents filed, it is learnt that the purported cheque has my signature on it and is returned as 'dormant account' & 'insufficient funds'. I am highly suspicious of some foul play by the then manager, who has waited for 3 years to mastermind such a devious act. I have shared this presumption with the police Inspector. Is there anything else that I should do to safeguard my position and any proactive measures to be taken? If the account was dormant, can the bank entertain a false clearing and return the cheque as insufficient funds. Should not the current manager exercise due diligence upon such a hostile account dormant for 3 years?
Anonymous
04 August 2010 at 23:54
I am an owner of a property ,wanna rent out it,but concerned of recovery of possession from tenants--plz. guide which is best for me Lease/Rent/License Deed ?.
Anonymous
04 August 2010 at 23:47
why big businesses use MOU(Memeorandom of understanding) instead of Agreements ?
But friends what is difference in legal value of MOU and "Agreement".Why MOU is more fashionable in business world these days?
varun
04 August 2010 at 23:22
so my question that will the partition between father and son take place on the value court fee was paid i.e 20 lac or the present market value of that property i.e 2 crore rupees
Thanks in advance
varun
Dear Sir/Madam,
Please tell me my in laws going to file false dowry case on me and my family but yet not filed.In that condition what evidences required to prove dowry demand. After file the FIR we will arrest or not what are ways to avoid arrest and what we can do.My wife has left my house in Feb'2010 and right now she is living at her parents house. Police will take action immediately after file the FIR of false dowry case.
Thnaks N Regards,
S kumar Singh
Anonymous
04 August 2010 at 21:53
1.Company A has an entity in US and is a leading company in Consumer lending business. This company intends to start a payday lending business (say Company B) in UK. What are the various legal aspects that company A should be aware of to start the business in UK? Who will be the supervisory authority for the Company B in UK? And why?
Payday Loans are short-term loans which are typically for small loan amount and has a typical during of a payday (time difference between two pay dates) cycle.
Anonymous
04 August 2010 at 21:34
1.Company A has an entity in US and is a leading company in Consumer lending business. This company intends to start a payday lending business (say Company B) in UK. What are the various legal aspects that company A should be aware of to start the business in UK? Who will be the supervisory authority for the Company B in UK? And why?
Payday Loans are short-term loans which are typically for small loan amount and has a typical during of a payday (time difference between two pay dates) cycle.
Meaning of 'case disposed'
A party had filed a defamation suit against me for Rs.50 Crores and seeking an injunction possibly restricting us from circulating any further material. We were not aware of this case as the Notice of Motion had not been served on us. The case No.is CS 170 of Calcutta High Court.Since we had not attended court, an interim injunction was passed on 29.06.2010 which we saw in Judis. We came to know of the next hearing date on 27/07/2010 and were told that the case had been 'disposed'. What does this mean? Can somebody please look up Judis and find out the Order?