Pankaj kumar
30 November 2013 at 17:14
Hello Lawyers club experts,
I was working in a software company from 3 years with 100+ employee in Noida. The company is registered in Delhi.
I had given proper resignation through email to my reporting manager cc hr department without specifying my last date of working. They have accepted my resignation and had given the last working date which is 2 calendar months (as mentioned in appointment letter and is not buyable) from the resignation date. I requested my reporting manage to reduce my notice period to 45 days instead of 60 days through chat as well as verbally and was also ready to pay the balance notice period. But he was not ready to reduce my notice period. Then I mailed to HR, senior manager and even to CEO for discussing the same but no one helped me and not reduced the notice period. I also told them verbally that I have to join another company in 45 days and I can't decline this offer due to family liabilities.
After 45 days I stopped going to the company and joined the another one shooting a mail to hr and reporting manager of my previous company that I am quitting the job from today and will be unable to come to office. I also submitted the company's I card to HR Department.
After that I got a mail from HR from the previous company that they will treat me as absconding and will take appropriate action against me if I do not complete my remaining notice period.
I again replied the HR with my inability to complete the notice period and even told them that I am ready to support my team on phone as well going to office whenever required. Although I had no remaining work as such in my hand. I had also given KT to one of my colleague.
After that I have not got a single response from their side and even they are not picking the phone.
Now it is going to be more than one month still, I have not got my relieving letter as well as FnF settlement beside many attempts to contact HR.I also remind them the same through email.
The wordings of "SEPARATION" in my Appointment letter is as such.
"After confirmation, the employment with the company can be served by either party with a separation notice of minimum two calendar months. It will be management's prerogative to decide on the relieving date based on its business requirement, and decision of the management shall be final and binding on you. While on notice period, any leave availed shall not form part of the notice period served, accordingly the date of relieving shall be further extended by such number of days. Salary calculated on the balance number of days notice period shall become payable/recoverable. Any documents/materials belonging to the company must be returned to obtain final clearance."
Recently there were many employees that were released earlier then the notice period. Even One guy was also released before completing notice period who was working on the same project as I. But GOD knows what happened to me they do not released me early.
I have copies of all conversation on emails that were done during that time.
I request the lawyers club experts to kindly guide me in this regard.
Thanks in advance....
Vinay Pratap Singh
30 November 2013 at 16:54
I left my last mnc organization about 1 yr ago due to senior management's bad behavior related to biased performance evaluation, too much extra working hours, not following right leave policy towards me including my so many colleagues,I took stand and write a complain mail with resignation. I left organization just before completion of my 5 yrs of tenure, hence I lost my whole gratuity and bonus of that yr.
Now I keep on receiving mails from hr deptt for recovery of notice period, when its almost 1 yr passed and i moved on with another career in other city and forgot abt gratuity, however i withdraw all my PF.
What company can do maximum against me can they go legally, Or should I raised same issue and complain to each department as probably they are not aware about my reason of leaving the organization.
pranav samant
30 November 2013 at 15:56
Respected Sir,
What type of query i can ask on this platform. I am doing my self study in CA-course. I have tried to ask query related to Law in CAclubindia but no response i got.
What i should do?
I will be very much thankful to you.
Mohit
30 November 2013 at 15:37
Sir
I was sold goods to UP dealer and received C form from it in 2010-2011 and submitted to my Vat department with vat 20.Know department give me notice that which I sold goods to UP dealer their tin no. is cancelled in 2010 and their C form will not verfified from TINSYS and impose me penalty.And when I try to contact to that dealer their m.no is switch off. Then I contact another dealer of UP from the same trade of that area. He told me that our vat department unearth a huge scandal of that dealer. Now he is underground because vat department also lodge FIR against him.And when I asked him regarding that C form he tell me That C forms is orignal because department was issued that C forms in 2009 to him . But in 2010 department cancelled their tin no. for some reason. Soo kindly tell me what can I do.
With Regards
Rakesh Kumar
AK
30 November 2013 at 15:37
Hello Everybody.
We had received property via Gift Deed in 2006. Our registration was cancelled by my uncle unilaterally in 2010. We then filed Writ Petition in High Court to question how did the registrar cancel the registration unilaterally. The Cancellation Gift Deed was set aside and the registration was set in place by the High Court's Decree. In that decree High Court also mentioned a point "Though respondent no. 3 (my uncle) claims possession till date, his plea cannot be accepted, because under Section 90, oral plea is not acceptable."
They had already filed an Injunction Suit against us, which they lost. We then filed an Injunction Suit and we got Permanent Injunction from the City Civil Court.
Now, since they were staying there, we had filed an FIR last year which worked out after we have received the permanent injunction. They can be easily booked as Trespassers now. So now, my uncles know this and are ready to compromise and they want some time to vacate the house.
We are ready to give them some time. Our advocate is saying that this compromise deed will also be recorded in the court and in the given stipulated time (may be 6 months we may assume), if they don't vacate the house, we can put EP (Execution Petition) against them and take court orders where in the police is directed to vacate the house and hand over the possession to us.
Since my uncles are not demanding money, their advocate is saying to give him 2 lacs for all the expenses he incurred in fighting the case against us, also he wants the money at the time when we file the compromise deed in the court.
Kindly advise,
1. Is it correct that if they don't vacate the property in the stipulated time (may be 6 months we may assume), we can get court orders by filing an EP and police will do the needful in returning back our possession?
2. Should I pay that advocate the amount that he is demanding in advance for, or no?
3. What are other ways, that they (The advocate / my uncles) may create problems for us? What are the options open for them?
Kindly advise.
Charan singh
30 November 2013 at 14:48
sir i am selected for the government job , and my family have changed our home recently to a new address in same city as we live on rent (dont have personal home) . sir during police verificatioh n police will police ask for same address on our ration card as on which address we are living now .
sir please give me direction as it will take so much time to change the address in ration card and voter id etc. what to do now ?? should change the home agin in same colony on which address my documents have ..
kaushal abrol
30 November 2013 at 14:27
Dear Sir's,
My mom-in-law passed away recently. She had 03 daughters and one of them is married to me. We are in the process of selling the flat owned by my mother-in-law. During her last rights all the sisters had contacted a lawyer in Lucknow/UP and got the required documentation done. Unfortunately the lawyer concerned got only Mutation formalities executed but not the release/relinquishment deed. The 02 sisters reside in USA and the one married to me is in New Delhi. The idea was that the one in New Delhi will sell the property and so on. Now when we have a buyer who took the photocopy of the property documents presented to his bank, the bank is asking for Registered Relinquishment deed. The sisters residing in USA are ready but what can be done so that they do not have to be physically present in UP court for this.
Can they write a relinquishment deed and get it registered in USA court or Indian consulate and send the original via courier to us. Later we take the document and get is registered in UP court?
The property circle rate is around 20-25lacs. Is there a particular amount of stamp paper/duty on which they can register the deed in USA.
Any other formality required for the sister residing in Delhi to sell the property.
Can you please advice what else is needed by us to sell the flat without any issues. Thanking you in advance.
>
Anil Verma
30 November 2013 at 14:21
If a person is convicted by Sessions Court and sentenced under section 306 and 498A of IPC what is the procedure and rules to get bail and to appeal further in High Court or Upper Court
Rajat sahotra
30 November 2013 at 14:15
UNDER PFA Act distributer companies GENERAL MANAGER IS MADE ACCUSED ON THE APPLICATION FILED BY SHOPKEEPER UNDER 20-A OF PFA ACT.
The accused GM of the distributor Co.also made an application to implead manufacturer from whom he purchased the said material and that application is allowed and summoned were issued against Manufacturer whose service is still pending.
THE CHARGE IS FRAMED AGAINST accused GM of distributor company AND Thereafter he moved to HC for quashing of charge under 482 Crpc on the ground that he is not the person under sec-17 of the PFA Act who is directly responsible for conduct of the business(nether a director nor nominee)and is also not the declared nominee on behalf of distributor company.he is a employee working as GM and looking after finance work of the company?.
The Charge against the GM is quashed by the HC with further direction "that the Court
shall take into account the application filed by the present petitioner while passing an order, in accordance with law.
While doing so, provisions of Section 17 of the PFA Act shall be taken into account and parties are directed to appear before trial court." (Copy of order attached for your reference.)
Now the only application file by the accused distributor is of impleading manufacturer as accused which is already decided and manufacturer is summoned.
seniors if can advise whether accused against whom the charge framed needs to appear before the trial court if yes than whether he needs to file an application for his own deletion as accused based on the order passed by HC.?
or any other process to be followed by accused GM of distributor Co.
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Help me
Sir mera women cell me dowry ki complaint ki thi against husband.maim 2 years se apne parents k sath reh rhi hu.mera ek baby hai jo 3 years ka hai .sara kharcha akele kar rhi hu.main case nai krna chahti.mere husnand divorce chahte hai.bt dena kuch nai chahte.main job krti hu.main apna baby husband ko dena chahti hu .taki use bhi bacha sambhala pade.kya main phr apne bache se mil skti hu agar use de diya to.agr main 1 saal baad agr bacha vapis lena chahu to kya le skti hu phr