Charudutta R. Mhalgi
17 December 2013 at 13:41
To Date—16.12.2013
Lawyers Club India
Respected Sir,
Sub:--GRATUITY PAYABLE
My query is regarding Gratuity payable if a person is appointed on retainer ship basis. Whether the company is liable to pay the Gratuity to that particular person or not ?
If a person is appointed on retainer ship basis, accordingly appointment letter has been issued to that particular person. The period of retainer ship is one year from the date of appointment. There is no any extension letter issued after that but regular yearly increment has been granted to that particular person as per management policy. Whatever the increment has been granted accordingly company has been issued a letter to the employee but there is no extension letter issued. The bonus/ex-gratia is also paid to that employee for each financial year.Please note that particular employee has been completed his services in that company seven years without interruption of a single day. The company has also issued TDS Certificates in FORM 16A for each financial year to that employee. The Employee’s service period is from 05.12.2006 to still continue. The employee’s consolidated retainer ship fees is Rs.40,000/-( Rs. Forty thousand only) per month there is no any bifurcation like other employee Basic, HRA, Conveyance allowance etc.
Considering the above, whether a employee who has been appointed on retainer ship basis is eligible to receive the gratuity or not ? and if eligible on which amount gratuity should be calculated.
Kindly advice for the same.
Regards
C. R. Mhalgi
pankaj mahajan
17 December 2013 at 11:11
MY FRIEND APPLY FOR GUMASTA LICENSE AND THAT IS IN PROCECSS BUT HE WANT BILLING ADDRESS TO HIS OWN FLAT ADDRESS AND HE ASKE TO NOC FROM SOCITY FOR BILLING ADDRESS FOR GUMASAT LICENSE.MY ? IS SOCITY CAN ISSUE NOC FOR GUMASATA LICENSE IT IS AS PER LAW IS LEGEL ARE NOT? PLS ADVISE TO ME
JAYWANT UBALE
17 December 2013 at 10:58
I, Jaywant Baburao Ubale aged 40 years, Occupation – Service, residing at 3 Mah Bn NCC, 3rd floor, NCC Building, Old Secretary Compound, Mumbai Mobile no 8080898240 quotes my reply in the Police Station:-
I the above mentioned residing as above since 05 May 2010. I am serving as an Weapon Instructor in Indian Army. I got married on 03 Apr 2005 with Ms Ujjwala Nagaraj Umale residing at Savarkar Nagar at Aai Mata Hall, Savarkar nagar, Thane as per Hindu & Buddhist rites. After marriage I lived with my wife, mother, sister at 404, Dattatray Apartment, Lokmanya nagar No 3, Thane (W) 400 606. I was posted in Binaguri (WB) and on termination of my said leave I reported back to my Unit after 10 days of my marriage. She treated rigorously and mischievously with my mother, sister and even me (on leave) which created differences between us. I got posted to OTA, Kamptee as an Weapon Instructor and was allotted family accommodation. In the month of Feb 2006 I brought her to OTA and in the month of April 06 she was confirmed pregnant and her treatment at MH Kamptee started. On 15 N0v 2013 in her 9th month of pregnancy her brother took her by Jet airways flight to Mumbai and because of this journey her placenta slipped down and winded up neck of the foetal due to which she had cesrin and the baby girl born turned critical and was admitted and treated at Soham Hospital immediately after birth. After discharge the paediatrician advised me to keep the baby girl under his surveillance for the next six months. I reported back to my OTA on 06/01/2007 and gave best instructions to my wife to take care of the child. She failed to do so and in the meanwhile she started torturing me and my family members by scaring us that she would file case against all of us vide CRPC 498 for demand of dowry. She voluntarily started living with my in laws without any information/permission. I applied for protection of serving soldiers family to Police Commissioner, Mumbai, Senior PI Vartak Nagar PS, Hon’ble Home Minister. On 31/07/2007 we both were summoned by Vartak Nagar PS but she did not agree to sign any kind of compromise and the differences between both of us again raised and I reported back to OTA handing over her our child. In the moth of Sep 2007 it was declared that the kid was infected by cancer and was admitted by me at Tata Memorial Hospital, Mumbai where she got expired on 12/10/2007. My wife purposely failed to attend our daughter’s funeral. After that I issued her notice for divorce through my Advocate, she failed to reply hence in year 2008 I filed an divorce petition in the Civil & Session Court, Thane vide case no MP 35/2008 (further revised no A 331/2010) and its still in process. After that she filed case against me & my family members for seeking dowry.
In between she applied for maintenance vide CRPC 125 case no E 304/2010 and I started paying voluntarily Rs 2500/- pm. On 04/02/2010 we both signed consent of terms for divorce under mutual understanding and signed it happily but later on after few days due to her mischievous behaviour she applied to withdraw the same and even filed case against Domestic Violence Act against me and my family members which is under process. She repeatedly reported to my various Senior Officers with false allegations that I have remarried and that I have given birth to an male child and tried to spoil my image in front of my Senior Officials and society.
After that I got introduced with Sneha Chudamani Survase who said me that she was 03 months pregnant and her boyfriend deserted and had not come back and she wants a house, I agreed to sale my house to her and sold her my house for Rs 10 lakhs and necessary papers were made on 05/02/2012 and she occupied that house, she further said that there is no one behind her and do not want the forthcoming to
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take birth without having name of his father. So if I can help her. I assured her that I will give my name to the forthcoming child; hence on 26/03/2012 I accompanied with her at Maher Maternity Hospital, Thane and completed the formalities. I signed on behalf of her husband but actually we both don’t have sexual or any kind of relationship. My wife has made an issue of this social service made on humanitarian grounds and is trying to spoil my image alleging both of us.
Now the Army authorities have taken up my case for termination to senior most superior authorities. What can be the decision and the actions I can take
JS
17 December 2013 at 09:21
We have pagdi shop in mumbai with BMC as landlord and rent receipt in the name of my deceased grandmother.
My father and his four brothers runour ancestral business in that shop and paid rents to BMC regularly till now although the rent receipt is issued in the name of my deceased grandmother.
We have now, with the permission of BMC, given that shop on rent. However two of my father brothers who separated from the ancestral hindu business and this shop 40 years back are claiming right in the rent earned from this shop as legal heirs.
We are in the process of getting the rent receipt transferred in the name of my father and his four brothers by submitting Will of my grandmother in which these two brothers do not have any tenancy rights in this shop.
However these two brothers have now issued notice to BMC that they are the legal heir to this shop and BMC is now refusing to transfer the rent receipt in my father & his brother’s name and asking us to submit NOC from these two brothers.
My query is:
1. Will these two brothers who left the ancestral hindu business and the shop 40 year back be considered as legal heirs and thus tenants to this pagdi shop?
2. Can the WILL of my grandmother be considered for taking my father & his four brothers as tenants after her?
3. Since my father & his four brothers are still paying the rent of the pagdi shop, will they not be considered the statutory tenants? Or should they produce a Legal Heir Certificate to establish their tenancy rights?
4. Need contact details of lawyer in Mumbai who is expert in pagdi tenancy laws.
Dheeraj kumar
17 December 2013 at 07:10
Hello,
I am Deepak basically i am from bihar wrking in hyderbad in prviate company.
and My father is a defence personnel(IAF)and falls under the category of (Group B/class II officer.
Parellely I am preparing for Bank and SSC Exam, the problem arises when last month I went to bihar and ask the concern authority to issue OBC NCL certificate they ask me last three year salary statement/annual income of my father which is more than 6 lack Rs.
and by looking at the figures they said u r not comes under non creamy layer category.
But I expalined them for all the defence pesonnel, creamy layer is decided by the post/Rank not by the salary. if at all the rank of father is colonel ar above colonel than only son's/daughter treated as a creamy layer.
but they are not listening to me, first of all please tell me whther i am correct or not if yes what kind of legal action should i need to follow.
Thanks
Sanjeev Thakur
17 December 2013 at 06:52
Wether the title of the parties can be amended if the name of the respondent/accused is wrongly written on the complaint plz give case law if any.
Bablu Ghosh
17 December 2013 at 06:02
In a mutually consented divorce case I am from the petitioner 1 side.Case has been already filed in Motion 1 date.Motion no 2 date is nearing.It is apprehended that petitioner no 2 may not appear on the motion 2 date.What will be the implication
1)Whether the court will give a second date ,so that both petitioners appear OR
2) As petitioner no 2 has not appeared case will be resolved giving the decree of divorce in favour of petitioner no 1.OR
3)The case will be dismissed without passing any decree
Kalyan Ghosh
17 December 2013 at 05:29
In a mutually consented divorce case after the Motion 2 date when both petitioners stick to divorce what time will be taken by court to pass the decree of divorce after motion 2 date.Preciously what is the approximate time gap in between motion 2 date and the date of grant order for decree of divorce .And whether after obtaining it both petitioners are free
velmurugan
17 December 2013 at 04:13
Dear Experts,
I have been arraigned as one of the accused in a chargesheet filed by ACB.The charges are yet to be framed and am in the process of preparing a defence now.
My questions:
1.The incriminating circumstances and facts against the accused,as brought out at the end of prosecution witness(disposition)-We know that will be posed to the accused.
My question is: will it be informed to the accused in advance so that he best explains his position in the court to the hon'Honorable Judge under 313 CRpc or it will be random?
2.Practically how it happens in the court?
Kindly enlighten me well on this aspect.
Thanking you
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Transfer of the name of owner of a leased land by co-operative society in west bengal
My father has a house in Oxygen plant co-operative within SAIL Co-operative housing society in City Center , Durgapur West Bengal.
My father wanted to sell his house and had approached Oxygen Plant co-operative society in March 2012 to facilitate the sell of his house based on Agreement of SALE between my father and the purchaser . Over last one and half year the society refused to provide the purchaser No Objection Certificate to purchase which is a pre-requisite to avail Bank loan.
In Sept'13 My father and the purchaser signed an Agreement of cancellation .
Recently we found out Oxygen Plant Co-operative has transferred the name of the land on which my father has his house to the purchaser's name without making any payment to my father. Is this legal ?