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MOHAMED FIROZ   04 September 2018 at 22:06

Claim by a school bus driver for salary arrears

A bus driver joined our school in 10-07-2001 left service on 31-03-2008. He filed a case for gratuity before the Asst. Commissioner for labour, and the same was settled in 2017 outside the court. He got the amount and signed declaring that he has no arrears due to him. Now he has filed a case in the Labour Court making a claim on the following grounds:1. Arrears of salary. 2. Overtime wages 3. National festval holidays wages 4.Leave wages 5. Bonus The school bus driver timings are 8.00 am to 9.00 am and 4.00 pm to 5.00 pm. (2 hours of driving per day). The school working days per year are 220 days only as fixed by the Govt. of Tamil Nadu. All festival days and Sundays are holidays. The drivers report only on the working days, and 145 days are holidays for them in a year. Salaries are paid on the first of every month and signatures are obtained in the salary register. Bonus is paid every year at 8.33% at the end of December every year. Since we have to maintain the attendance and salary registers for the past 10 years only, we have got them starting from 01-04-2008 only. Do we come under the Shops and Establishments Act ? Is he eligible to make a claim as stated above ?

Anonymous   04 September 2018 at 22:04

Road traffic accidents

dear experts
while on the day my father riding two wheeler my mother sitting behind the bike suddenly my mother getting feint she fall down on road due this she got head injury. We gone through near hospital through Ambulances after couples days treatment she died due to brain dead(my mother in medication for past 15 years daipetics and 3 yeras befor done the heart surgery)
Hospital hand over mother body to police legaly procedure post mortem the police filled FiR
After a week am getting FIR copy the police filled u/s279,338 aganist my father
the police and lawyer the washing me no issue for your father we will take care about FIR case and insuraces claim (there pushing go for claim)
what i have to do please guide me
my father Licences,insurances RC book all are ok

Sri   04 September 2018 at 20:55

Prove documents obtained under RTI



Please can someone guide me how to prove true copies of signed statement and police complaint (obtained via RTI in the past) filed by wife in police station,when she had denied the same copies on oath . Also if the concerned police station were she has made such complaint , presently says that the records of complaints being old are distroyed and I can't get them again via RTI again.
'.How do I prove such documents? Is summoning the concerned police will be of any help in such case ? please can experts guide me ,I urgently need your valuable advice on this ..

Vijaya Bhaskar   04 September 2018 at 20:48

Lease or rent

Dear Learned Experts
We are a charitable trust working for the empowerment of persons with disabilities. We provide vocational training to persons with disabilities and various services. After training, we find it very difficult for job placement for the trainees.
However, a Pvt Ltd company, Garment Industry, came forward to provide job opportunities to the persons with disabilities subject to giving our premises for their garment industry.

Since there is a scope for employment, the trust is willing to give the trust premises for the garment industry which is permitted under our bylaws too.

The company is willing to pay the rent

Please guide us whether

1. Should we execute an 11 months lease agreement or 11 months rent agreement?
2. Can lease agreement be less than 11 months?
3. What are the risks involved by letting this property to the Pvt Ltd
4. What is the maximum rent we can charge under Law

Please suggest.

Punit Gupta   04 September 2018 at 20:44

Partnership firm working as an ngo

Dear Veterans,
Greetings.
My query is on a partnership firm working as an NGO.
Can Partnership firm, registered under Partnership Act 1932, work and operate as an NGO?
What can be legal hassles and complications in this case.
Also share if only 2 persons willing to operate as NGO, what can be the best form of organisation they can opt for?
Please enlighten with your valauale inputs.
Regards:
Punit

Laksh priya   04 September 2018 at 20:43

Civil

hello expert
what is interlocutory application. what are the grounds in which IA is filed.

ASHIM KR RAY   04 September 2018 at 20:05

Partition deed of land

Sir,

I have a plot of land in the name of My grandmother ,after his demise his two sons i.e my father and uncle is the owner of plot of land, as the agent convert the land in the name of my father and my uncle, but still a partition deed has not been done.

As par the Agent if partition Deed has to be done 12% of land valuation has to be given to the government.
So he advice only to go for partition where i have separate paper in the name of my father and uncle. By giving them there commission .Without going for there Deed.

So I am bit confuse as the Land is commercial and it has high value . As deed is good for future going.

Surendra   04 September 2018 at 16:10

Applicability of gst

Query on GST:
What GST would be charged – CGST + SGST or IGST, in following scenarios:

1.
Person having immovable property – registered in Maharashtra, having place of business in Maharashtra.
Location of the immovable property – Karnataka
Person who has taken the property on rent – registered in Maharashtra, having place of business in Maharashtra.

2.
Person having immovable property – registered in Maharashtra, having place of business in Maharashtra.
Location of the immovable property – Karnataka
Person who has taken the property on rent – registered in Karnataka, having place of business in Karnataka.

Pawan   04 September 2018 at 14:55

Cheque Bounce

I had issued a cheque as commission for a work which was not initiatef by Agent and Smartly he has bounced the cheque and sent a notice for which I am not liable. There is no document signed between us. What can be done in this situation. Please advice

V.N.K. MENON   04 September 2018 at 13:53

Quashing of time-barred d/v complaint & proof of false case

[In one case I had filed an SLP in the Apex Court. Afterwards I filed an application or bring on record additional document, which was successful].

Status of the case w.r. to query:
------------------------------------------
I filed a petition [in my capacity as Respondent-3] to quash a D/V complaint which is time barred as per various case laws of Apex Court r/w S-468 CrPC.

The petition H/C has been necessitated since the matter had been taken up by trial court despite being time-barred. Opposite Party filed their reply in H/C and I filed my Rejoinder and the case has been listed for middle of September.
QUERY
======
I had already filed Police Control Room Report about the captivity of the Opposite Party by her parents as she complained to the Police.

In the given situation, if an application can be filed for bringing on record additional document in the
H/C. Additional doc is in the form of a recorded mobile /telephonic conversation with Respondent-1 and Complainant, who had filed d/v in trial court, about the atrocities committed by her own parents and indoctrination to file a lucrative "d/v business".

SHALL BE GRATEFUL FOR A CONSIDERED OPINION OF EXPERTS.