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Member (Account Deleted)   27 September 2017 at 11:46

Regarding gartuity notice

Madam,
Under instructions from my client Shri Imran Khan s/o Sultan Khan, R/o Kadar Zenda, Kamptee I have to serve upon you the following notice.
1] That, my client was working as a Senior Programmer in your Company since 2.11.2009 and he worked continuously without any break till 28.6.2017. After rendering 8 years, he submitted resignation with your company which was duly accepted and accordingly, on and from 28.6.2017 he has been relieved from your company.
2] That my client received an amount of gratuity to the tune of Rs. 69,909/- and the said gratuity has been calculated by your office on his last drawn salary Rs. 33,467/- and by taking into consideration the last drawn salary Rs. Rs. 33,467/- the amount of gratuity has been paid to my client as mentioned above.
3] That as per the provisions of the Gratuity Act which is applicable to all establishment, institution and others through out the India the gratuity has to be paid by taking into consideration the basic pay and dearness allowance. The gratuity has to be calculated as per the provisions of Gratuity Act and under the provision of Gratuity Act the calculation is basic pay + D.A. X 15X years of service and divided by 26. Now, the employees working are entitled for D.A. of 120 % and taking into consideration the 120 % of D.A. the gratuity ought to have been calculated as under :
Basic Rs. 15,147/-
D.A. Rs. 18,176/-
---------------
Total Rs. 33,323/-
---------------

4] As per the aforesaid calculation as mentioned above, the amount of gratuity which ought to have been paid to my client comes to Rs. 1,53,798/-. On the contrary, my client has been paid Rs. 69,909/-. As such, my client received less gratuity of Rs. 83,889/-. In view of the aforesaid legal position I hereby called upon you to pay Rs. 83,889/- to my client with interest thereon on and from 1.7.2017 for delayed payment of gratuity as per provisions of Payment of Gratuity Act. Failing which my client shall be constrained to file appropriate proceeding against you in the Court of law and in that event you shall be liable for the cost and consequences. Please take the notice and do the needful.
Notice charges Rs. 5,000/-

dr syed ziya ul huq   27 September 2017 at 11:19

False criminal case on the basis of false special private.

On 26/2/2016,at 12. 35 pm I was on in front of dysp of Humnabad. Dist Bidar to lodge a complaint.a FiR was lodged .My opponents ,didn't come to police station,because they were known criminals.instead they went to SP ,to make false complaint. They failed to get any response. Then they went to session court to make special private complaint. The session court ordered an investigation. Instead of giving a B report after investigation, the CSI, who had taken huge graft from the opponents, made a prima fascie case,under 504,506,323,35 of ipc. This corrupt CSI was getting transferred with In weeks .Before his departure he made absolutely false case. Iam a senior citizen. The false case ,bears the same
timing of 10.30 AM,which I have mentioned in my FIR . At 10.35 I was in front of dysp of polic
Now case in court. Question is shall I fight the case in court alone or approach Home minister and higher police authorities, with complaint against this absolutely false case ,registered due to corruption. ???.
Plz give the advice.

RS   27 September 2017 at 11:18

Owners Association laws

I m resident of an apartment in Hyderabad.
Here in my apartment, association is not following many rules like posting expenditures on notice boards every month, sharing minutes of meeting within time(15days). They also force residents to pay many extra charges like move in move out Rs1000 per flat. They charge very high maintenance without any explanation of expenses. No official voting of members during AGM...they elect and vote themselves, and many more.
So I would like to ask, whether is there any provision of taking action against them legally. If yes, please help how to do this.
How a legal notice could be sent.
Thanks in advance

babu   27 September 2017 at 10:47

land

Hi sir
I am from odisha. I had buy a land from a sc person and already make Home on this land and the land is not register to me what is the future problem and if the sc will complain on the court can i got the money which I spend to make Home on this land.. I had applied for permission to sub collector but sub collector rejected because the sc had less land . Give some solution please help

Ravi   27 September 2017 at 09:55

Qualification

I want to ask what should i write in education qualification column in other exam forms while i am pursuing my pg
Is it mcom or bcom only??

Max Overton   27 September 2017 at 08:51

Birth certificates

I live in Townsville, Australia, and I am working out my family tree. Both my mother and grandmother (both deceased) were born in Allahabad and I do not have their birth certificates. Is there any way I can get them without travelling to Allahabad?

Thank you, Max Overton

Vilma   27 September 2017 at 08:43

Charges!

How much do lawyers in Chennai charge for handling a divorce case?

Would the mother be granted custody of a 2.5 yr old son if she is earning?

What can be submitted as proof for physical, mental and verbal abuse?

P.S: Sorry for asking too many questions at a time. Seeking expert advise.

Ravi   27 September 2017 at 08:28

Qualification

What is my educational qualification while i am pursuing my pg

Shivayogi K   27 September 2017 at 04:19

Is submission of ll agreement 8 days prior is must 43(2)

I have a apartment in Mumbai, and recently I have rented out my flat. However, Management Committee is insisting me that, I cannot allow my tenant to enter into my apartment as I have not complied to CHS Bylaws Clause 43(2). CHS is insists that, registered LL agreement be submitted 8 days before renting out, and they say it is subject to MC members discretion whether to approve of not.

I find this is something contrary. So I would like to know what are my rights under CHS Bylaws? Someone told me it is it totally contrary various Court judgements? I would be grateful I can get reference of recent court decisions on this.

Chandy   27 September 2017 at 01:43

Fake certificate

Hi,

Recently I joined in a private firm using a fake service certificate from my previous company. By doing the background verification they found it was fake and terminated me. Do I have any valid legal point to fight it on court. because I have found in my research that faking a document is not a punishable offence in Indian constitution.

Let me explain the case in details.

I worked with the previous company for more than 18 months and requested for a immediate relieving and they approved my resignation. then I was not working for 1 year and later I got an offer from this new company. That time i checked with my previous manager about the service certificate and he told me that I need to pay 2 months salary for the service certificate as I haven't served the notice period. He gave me the settlement team phone number. I called the settlement team they asked me to send an email request on this. I informed them like I am broke financially and will not be able to pay the amount right now. They said they will check and get back to me.
My manager confirmed me that the reason for leaving the company mentioned in the company database is mentioned as RESIGNATION. I checked with my friend and she suggested me to create a fake document as the system reflecting information is RESIGNATION not absconding.
She helped me to create a fake service certificate with all mentioned data is correct(employye ID, Salary drawn, PF account no, Joining date, relieving date).
I HAVEN'T FAKED THE INFORMATION BUT THE CERTIFICATE WAS FAKE.
reason for doing this is as I had a gap of 1 year no company was hiring me and they offered pay which was same as my previous salary 20k. So I was not in a situation to loose this job for this service certificate.
Finally I submitted the fake documents in the new company and a week later i got the original service certificate from the previous company. In which only the date mentioned for the letter was different from faked one.
I worked in the new company for 1 month and I faced lot of mental pressure because of the internal politics of senior staffs.
In a month they asked me to give a resignation letter or else they will terminate my contract. I fought with them.
I was in a batch of 5 members new hire team and I was the good performer among them. I dont know somehow the trainer doesn't like me and she started to corner me. When my manager asked to give my resignation first I challenged and informed him I am not bad at work. So he said he will put me to a different mentor and check for the progress. The new mentor was the trainers best friend and the same story happened on the next week. I again challenged and they put me into a new mentor and it was going good with the new guy the background verification failed and they nailed me saying that. I informed them that I was unaware that this is a fake document one of my colleague from the previous company checked and provided me the document. and no information was fake. even I showed them the original service certificate. They took this as a chance and my manager there said he dont want to continue the contract. So they terminated the contract. I was on a 3 months contract later on performance they would have confirmed me.
I have gone though lot of mental trauma and emotional trauma because on internal politics and as they portaited me as useless and fake. Do I have any chance for justice.