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Neeraj Kumar   03 September 2017 at 22:34

Salary pf gratuity not paid by employer after resignation

Sir
I have resigned from my post and served a notice period also and as asked by colleague i have handed over everything to him..now after leaving my boss has threatened that he will take the revenge of me leaving the organisation..everyone has signed the clearance certificate but he has nit signed stating the reason that i have to handover him all these things(all these are verbal communication between HR and my boss)my boss only wrote me an email to meet him..i asked him a date and did not responded to my mail..now after 4 months also the company has not paid me my salary,pf, gratuity,leave encashment and has neither issued the relieving certificate..what should i do now..

Nilesh   03 September 2017 at 21:27

Access to son

Respected experts, My DV, and maintanance case is in court. I am paying the interim maintananace to both wife and 5 year old son. Its been over 2 years they have not submitted the evidence. Also last month I have been granted access of my son every sunday for 1 hour. But they give reason every sunday,as a result of that I was able to meet my son on 2 sundays out of 6.
1. what action should we take on this access thing and also the submission of evidence.
Thanks in advance

Anonymous   03 September 2017 at 21:10

Flat resale

Hi, I had a flat in Pune which I wanted to sell. An interested party approached me and wanted to buy my property. They gave a token amount of 2lacs through cheque. However they did not do the MOU and no written agreement was done. Now i want to cancel the deal for some reasons and I am ready to refund the token amount of 2lacs but the party is not accepting the amount and demanding for 4lacs instead of 2lacs paid by them. They are threatening us to lodge FIR against us for fraud. Request your expert opinion on the matter. Thanks.

Debojyoti   03 September 2017 at 20:17

an epf and aadhaar related query. a valid question regardin

Dear Respected members of this community,
I have a question and hopefully it's valid and hopefully I will receive some genuine answers from the senior members of this community.
I have a UAN no which is not linked to Aadhaar. I know there are some facilities I'm deprived of due to non-linking of Aadhaar. But my query is different.
Suppose the subjudice matter of mandatory Aadhaar linking decision goes in favor of GOI and Aadhaar becomes mandatory to be linked with UAN can I take a stance that I'll not link it.
Because as per Aadhar act,2016 since GOI is giving 1.16% of my basic from their consolidated fund they are supposed to ask me to link my Aadhar, but what if I don't want that money from GoI? Can I opt out of linking Aadhar? I know when I became a member of EPF automatically I became a member of EPS and Aadhar linking is mandatory for EPS. But like any other subsidy or welfare schemes in this country I should have the choice to opt in or out of it. I can claim LPG subsidy, on the other hand I can opt out of it, if I wish why can't I opt out of that 1.16% of govt money?
As per my understanding I can't opt out of it, and therefore I have to share my Aadhar, isn't it forceful submission? Shouldn't I have a choice whether I want it or not?
I'm telling again that I very well know the facilities come along with the linking, so please don't tell me about the facilities. My only concern is related to this forceful submission.
I would like to hear some genuine understandings from the senior members.

Vijaishankar M   03 September 2017 at 20:05

Plea to reduce rate of interest in ep (compromise decree )

Suit for Specific performance ended in compromise. Terms of Compromise decree dated:27.10.2009 is defendant has to settle RS.9 lakhs within 6 months or along with 12 % interest till date of realization. Meanwhile defendant died in 2010. Plaintiff filed EP. I am impleaded as class 2 legal heir of died JD. Aft death of defend, Property also trespassed by 3rd person and separate cases for injunction and declaration filedb y me also pending.

I have already deposited RS.5 lakhs in Court. I calculated the decree with interest . It comes around Rs.17 lakhs Sir. After Lessing the paid RS.5 laks, Still 12 laks to be paid. My question is


1. As the property also trespassed by 3rd persons in 2012 and I am disposed ,I am unable to generate any income from property till now . If I tel this, Wil the EP Court consider and reduce the interest at least?
2. As compromise decree cannot be altered, at least will the Court consider my situation and waive the interest rate?
3. Pls brothers also help me with citation in this regard. Thanking in advance.

Ram   03 September 2017 at 18:55

Market value for our land (old house)

Hello Sir,

Kindly help us to find the market value of our house which is in Villupuram. Tamil nadu.
we plan to sell the house.

thanks,
Ram

Rishi Gupta   03 September 2017 at 18:09

Registration of fir for violation of article 21

Dear Experts team,

We are the residents of Delhi and have problem with our neighbor regarding their illegal constructions in their open court yard which is adjacent to our balcony. We filed a Civil Suit and the judgement is in our favor. but the demolition is yet to get done fully. My neighbor and their family members are sitting in the illegally constructed court yard and throwing cigarettes in our balcony. Our balcony is covered by bamboo curtain (padutha) and can catch fire at any time. We have collected more than 30 cigarette pieces in the last 10 days itself.

Also, they shout at us and state that "you go back to your own state and this state is ours" whereas we are living in Delhi for the past 25 years. And Delhi is our home state and well settled.

Kindly help us by clarifying the following :

1. Some says Article 21 is violated and an FIR should be registered against the neighbor who is throwing the cigarettes into our balcony. Wish to know under which sections of IPC or Cr.PC such FIR can be filed?

2. Few others say that compliant to Human Rights Commission - but cautions nothing will happen on our complaints.

3. Some say file a writ petition in the High Court since we got the judgement in our favor on their illegal constructions and approach the High Court for violation of Article 21.

So, please guide us on how to go about it.

With best regards,

Rishi Gupta

Tripathi   03 September 2017 at 17:44

Fir on illegal constructions constructions

Dear Sirs,

Understand that the Hon'ble Delhi High Court has given a judgement wherein the police should register FIR on all the illegal constructions. Ideally, the FIR should have been filed by the Municipal Corporation of Delh (MCD).. But as we all aware, MCD favors the landsharks and property dealers and do not file the FIR.

1. Whether the affected public (neighbor who has been affected by the such illegal constructions) can file the FIR incase MCD do not file the FIR?

2. If the affected public can file such FIR, under what section/s of IPC or Cr.PC such FIR can be registered?

3. Kindly help us by giving the Judgment of the case wherein the Hon'ble Delhi High Court has given the judgement of registering the FIR on illegal constructions in Delhi?

4. Also, kindly clarify whether the Bihari Lal Jalan Vs DDA case judgement of the Hon'ble Delhi High Court appealed in the Hon'ble Supreme Court of India ?

5. And whether the Bihari Lal Jalan Vs DDA case judgement of the Hon'ble Delhi High Court was upheld by the Hon'ble Supreme Court of India.

Any inconvenience caused to the experts team is regretted.

with namaskar,

Mrs.Tripathy

Rohan   03 September 2017 at 17:38

Cancellation of registered irrevocable poa

Dear SIR/MADAM

HOW CAN I CANCEL A REGISTERED IRREVOCABLE POA?
UNDER WHICH ACT I HAVE TO REVOKE IT?
IF ANY JUDGEMENT OR ANY GOVERNMENT NOTIFICATION OF CANCELLATION OF REGISTERED IRREVOCABLE POA?

REGARDS
ROHAN KOLI

rajesh   03 September 2017 at 17:35

Domicile certificate

Dear Sir/Madam,
I have born and broughtup in Mumbai, my present age is 50 yrs, i have all the documents and proof of staying in Mumbai like Electricity bill, ration card, passport, school/collage leaving certificate including school board & collage degree certificate. I have also obtained the domicile certificate 1 year back. At present i am staying at Navi Mumbai.

My native place is Karnataka and my wife also belong to Karnataka, she has been selected by MPSC for Maharashtra State govt job, my date of marriage is Dec 2007. My wife qualification certificates are proper & perfect and as far as educational records are concern there are no issues at all.

She has also to submit the domicile certificate to the state govt as a part of compliance. She has submitted the application on 12 June 17 with all relevant documents like last 10 yrs address electricity proof, Adhaar Card, Pan Card, husbands domicile etc., however her application is held up and informed us that since she has not completed the stay of 10 yrs in Maharashtra she cannot be given the domicile at present, and will be issued in December 17 once she completes the 10 years of Marriage.

However, the information i have got from the inter net and from friends & relative is that if a woman is married to man who is resident of Maharashtra can obtain the domicile certificate even though she has not completed 10 yrs of stay.

Kindly advice in this matter.

Anticipating your quick response for my above matter

regards,

RAJESH HADIMANI
Mob - 9322979903