Decode Ballistic Reports Like a Pro. Register Now!
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ANSARI IMTIYAZ AHMED   07 July 2014 at 15:37

Salary in lieu of notice period

I am working in a MNC company, manufacturing industrial equipments in state of Gujarat for last 17 years. I quit my job as GM-sales, on 13.05.14 by giving email notice for period of 3 months. Notice period of 3 months is required as per revised company policy announced in Jan 14. Now company wants to relieve me early effective 1st July. They told me about it verbally in June last week and have sent statement by email saying it is full and final settlement on 02.07.14. They have collected my laptop in last week of June, and I am not attending office from 01.07.14 ( I work from home and my office is my home ). They have not given any thing in writing about their intent to relieve except F & F statement by email. In this statement, one part is lump sum amount given as notice pay beside other amounts like June salary, leave encashment. Company is not giving breakup of notice pay as to what is included in it and TDS, PF etc deducted. I specifically wrote to HR person who sent me statement and asked him whether the notice pay includes benefits. They just keep repeating it is as per policy and are refusing to provide even breakup of notice pay. From the amount stated in statement for notice pay, it is very clear that it does not include benefits like HRA, conveyance allowance, telephone allowance, medical allowance, other allowance, LTA.

Questions I have is ;
Am I entitled to above benefits for remaining part ( 01.07 to 12.08 ) of notice period or not ? My argument with them is that these benefits I would have earned any way, had I been working during the full notice period. So if they want to relieve early they would have to pay full salary with all benefits which I would have earned while working during this period.

Is company right to force me to accept early relieving ? ( I remember having seen your one reply in forum that Supreme Court ruled that employee shall be allowed to serve full notice period. Please confirm ) I do not want to get relieved early since I planned to join another company in October only. I have told company that if you want to relieve me early you will have to pay me full salary with all benefits in lieu of balance notice period. They have not communicated that they are relieving me on 31.06, neither I have signed / written any thing that I accept their relieving me early.

Company has never issued any policy to us which say that company is not required to pay benefits in this situation. I have checked my appointment letter, confirmation letter etc.

Am I right to ask for breakup of notice pay ? Is company not obliged to tell what is deduction they have made towards PF, TDS, professional tax ?

Am I not entitled for other benefits like PF, gratuaty and superannuation for period 01.07 to 12.08 ? Thgese I would have earned had I been working during this period.

Please some how tell where on this website I will find answer to these queries. My email ID is izahmed2002@yahoo.co.in ; 8879824330

Regards,
IMTIYAZ

rk   07 July 2014 at 15:28

Will i get my possesion back from criminal court

my case is being fought in criminal court
due to forceful break and trespass by criminals who have muscle power occupy the same

This now state case, as police has filed charges on my behalf post a high court order on them to investigate the break in.

simple question is if trespassing is establish does the criminal court have jurisdiction to vacate the tresspasser and restore my possesion also can i pray for the same in this court as i am complainant and witness as summoned by court for police that has filed charges against culprits ?

Simran   07 July 2014 at 15:22

Arbritation question

Ma'am/Sir,

If four transactions are going on with the same party of sale - purchase and 1, 2, 3 has the arbitration clause and 4 dosen't have one.

Will the 4th will be considered the part of the others ?
Or will be treated separately ?

If yes please give me example with a case law

Amjad   07 July 2014 at 15:15

Legal standing of mediation centre

Dear Sir/Madam,

Require advice on the following outcome of Gujarat High Court order : CR.RA 410/2013

Compromise was reached at the mediation centre and my ex wife has already taken partial amount from the total lumpsum amount that was decided at the mediation centre. During the last instalment she backed out so as to get more money from us. we went to high court where her lawyer requested the judge to remand the case back to district court and be sent to mediation centre for further resolution. The 2nd time at the mediation centre they are demanding additional 2L on top of what was already decided. We were ready to pay 50K but they didn't agree. Hence no resolution has been reached at the mediation centre even though High court ordered the small pending issue of her articles (saaman) be resolved at the mediation centre.

Kindly advice what would be the next plan of action that would take place?

Incase any further details required about my situation I would be more than happy to respond at amjad.saiyed@gmail.com

Thanks & Regards,
Amjad.

arc_2014   07 July 2014 at 14:24

Registration

Generally it is a practice in Delhi to go for a rent agreement of 11 months without registration.
But the rent act 1995 says registration is must.
Is there any such law which allows 11 months agreement to be exempted from registration.

hari   07 July 2014 at 14:21

Difference in area and survey no of land purchased and possessing

Sir,
I have purchased 80 cents of land of a particular survey no in 1994 from a person who was in possession of the same since 1940 and the same has been transferred to my name in the village records after "POOKKUVARAVU".Now my land is measured by the survey department and it is stated that my holding covers only 75 cents of that particular survey no and out of the remaining in my possession 2 cents is PORAMBOKE and 3 cents pertains to another survey no as per the resurvey plan of 1976. i would like to know whether the authorities can reduce my area in the records as per the new measurements without my consent and evict the difference in area for which i have paid value and is in my and my sellers possession for such a long period. What remedial measures is available for me.

sandykrish   07 July 2014 at 14:13

Mutual consent divorce

Hi Learned Members:

Just an update on today 13 B case, Me and My wife attended the second motion hearing. Judge asked us and our counsels that are you guys ready for Mediation we told okay and requested for today's date but Judge intervened and told us that the court need special permission for today's mediation but on a whole she suggested to attend the mediation tomorrow suddenly my wife's lawyer got hyped and he requested that she is travelling and need a new date in the next week and judge obliged and gave next week as mediation.

I am quiet sure that my is super greedy she will take dates and not attend any mediation. I know I have to wait, the mediation has to happen between both the parties, then agreement and finally we need to go to the court for final decree.

In the meanwhile I have requested the judge to push the RCR case until 24 July to see how things pan out here, if she is still dragging the dates then I would have to either:

1. Withdraw Consent on 13 B petition and also Withdraw HMA sec 09 to pursue the Contested divorce.

Would need your expert opinion on whether to continue RCR win and apply divorce or

Straight away withdraw both the petitions and apply for divorce? Which is good

C M BHANOT   07 July 2014 at 14:05

Land ceiling in agricultural land

I WOULD LIKE TO KNOW WHETHER LAND CEILNG HOLDING IN AGRICULTURAL PROPERTY IS STATE SPECIFIC OR CEILING IS APPLICABLE FOR LAND HOLDING IN INDIA. KINDLY CLARIFY.

khusbu....   07 July 2014 at 14:01

cruel behaviour of inlaws...

Hello
iam living in matriomal house in one room.my husband living in rent..he file divorce case against me on the basics of cruelty..nd i file Dv act..iam house wife..having no children..iam pursuing master..my motherin law living in separate room in same house where i live..she nd my husband does everthing so i leave the house..now a days she close water supply..i wanted to know wat action i take..pls suggested me
Thanks

ashu kumar   07 July 2014 at 13:36

Court intervention to help husband

Wife is a paranoid case, with ultra-suspicious nature,makes baseless accusations against husband of having extramarital affairs, without any basis, abuses him and affects his normal life.She refuses to have any psychiatrist help,saying she is alright. Husband is very frustrated but doesn't want a divorce. Can the courts direct the wife to seek medical help, after looking into the case? Or is there any other way to provide relief to the husband, who is in a very difficult situation? PLEASE HELP GENUINELY!
A.K. SHAH