Raja Ram Saxena
29 November 2015 at 20:18
Dear Sir/Madam,
I am associated with a company for the past 1.5 yrs. The company gave me salary for first 4 months only and later on they keep saying that the company is running in loss and hence they do not have money to pay my salaries. This kept continuing till last month and I was still not paid by that time hence I wrote them an email stating that since the company is not paying my salaries I am resigning with immediate effect. That email was never replied by my employer but he verbally and through SMS also, told me that my resignation is not accepted. My salaries for entire 14 months are still due with the company and the company is not letting me leave. What should I do?
Please note that last week only I met a friend near my home who also faced the same problem 2 yrs back. He told me that:
(1) I will have to first send him(my employer) a 15 days notice through advocate only
(2) If he doesn't reply to that notice then I will have to file a case against him in labour court
(3) Along with the advocates fee, I will have to pay courts fee which depends on the amount that I am claiming.
(4) I shall be getting my complete salary of 14 months with 18% rate of interest calculated per annum over that salary
(5) The decision shall come in 3 yrs
Sir/Madam, my questions here are as follows:
(1) Will I get any other benefits in terms of money apart from the 14 months salary and interest over it if I wish to claim amount for the mental stress that I went through all these days?
(2) I couldn't join any other job as my present employer was not relieving me and hence I lost good offers also that included jobs offering more perks than this job. Will I be paid for that loss also?
(3) My salary will be calculated till the day when I am filing the case or till the time the decision is given by the court?
(4) Can I join some other job after I have filed the case? Or do I have to wait for courts decision?
(5) Where can I find the actual figure of the amount that I need to pay as courts fee? Since I am willing to claim double of the salary amount I need to know the exact fee that has to be paid.'
(6) Since I am not paid since last 14 months I'm already in debt as I have taken loans from many private lenders and my relatives. Hence I am not in the position to pay any fee as of now. Will the court help me in this regard and how? I am not asking about the fee exemption but can this fee be paid after the courts decision? Or in parts?
Kindly help me as I have already started feeling suicidal being exploited for such a long time.
Please help!!!
Kolambkar Lahu Sahadeo
29 November 2015 at 20:17
In our society two members have not registered their flat and only paid stamp duty, however the society has issued them share certificate. Now the builder is objecting to the same that conveyance of the property cannot be done by him since two members have not registered their flat. Is it compulsory that the registration of all flats is must for conveyance.
sagar
29 November 2015 at 20:03
Dear sir ,
Our family property contains a house & some land.After that our greatgrandfather took some loan on our property in our village. & this loan was paid by our grandfather also he had given in written that if our grandfather's brother give his part of the loan then only he will be reliable for acquiring the property in our village. My grandfather & his brother had a deal orally that our land & house will be of my grandfathers property & remaining property in the village nearby will be of his brother. Then our grandfather died in 1982. His brother sold his all the property & died in 1996. But due to failure to compliance of legal procedure his name was on property card & now his son is claiming his part in remaining property. He also registered his name forcefully on city survey. Now what we can do to stop this dividetion of property.
Manish
29 November 2015 at 19:35
d mng to all experts Sir i was married on 2 dec 14 .and enaged on 4 may 14 .in between this engagement to marriage period i used to call to my faincee on a gap of 1 month to 2 month.Everytime she talked me like she avoiding memeans didnt take interest in my call.thats y i called her in a gap if 1 to 2 month.i thought tgere may b a family boundation over her to talk with me.she talked me only for 2-4 min when i called.now marriage days came near.just before 2minth she changed her number without informing me.nw 2 dec came.while doing stage prog she came down from stage leaving me on stage without telling anything to meat last her brothers tild us she felt stimach pain.and again she sat with me.sir we didnt understand anything.i mean we thought Everthing is in good faith.during 1st night we denied to hv intercourse with me.used very abusive language.i politely asked for reasons y she is doing such ilicit things to me .i controlledmyself .bt she didnt stop.EVn tIld m nt intersted in marraige and will give no child birth.it was really a shocking for me on the 1st night.i tried to unders5and her and politely asked fir the reasons bt she denied to say anything.keeo silent over reason why she doing these.bt once she told marriage is under pressure.in the next mng we informed her parents 4hry came an fetch her daughter same time.again they asked me to come ne she is okay.thry i again went to bring her.after voming at home she kept her mood as well as it wad on 1 ngt.she stayed with me only 3 times.total days 10.she left me finaly on 15 march 15.till then we tried much more to bring her back panchyat help was taken.but atlast thry denied to accept panchayat decision .panchayat here means local respec5ed people.panchyat told us they are nt accepting anything.they are wrong.during 3 times when sshe came at home she used abus8ve language denied to cook food ,iron and washing clithes for me.means she ebblven told on 1st night u r nt my husband.she abused my parents.nwwht they want she can come to me temporary means 2-3days bt wanna lI've finally with their parents. As we bith are working in govt banks as an officer.i told her to get ur transfer to live alife with me.bt she is making me fool.1 yr if marriage is gng to finish sir we tried a much more to resolve it bt situation is gng worst.she Totally defame socially.she fell down in my eyes now. Nw i dont want her back. At any cost.help me.i wanna fule divirce case directly.she totally doing a formaility with me.we hv intercouse d 2 times .aftr 15 march we didnt meet.as ee bity belong to haryana .i m posted in mumbai nw but she in haryana.bith are working in PSB banks.sir an i file divirce case.from mumbai.or which steps i hv to take.we hv nt demanded any miney in marriage..just rs and nariyal.she denied to go for honeymoon booked by me just after marraige.sir guide me accordingly.it is tough to write so long over phn.if u pr9vide me ur contact no then i can call u. Guide me accordingly wht will b rgt for me..nw i want finally sepration.they dont want to break repationship nor want to conect .if i can file divirce case what will b best ground for me. Thnx
Mustafa Bhat
29 November 2015 at 18:55
Respected Sir,
A criminal Case U/S 498A & 406 is pending for disposal before JMIC where the alleged offense has occurred.
Now the lady has filled the application for transfer in CJM Court for transfer of this case from this JMIC Court to any other Court citing the reason
1) That, the applicant is the Victim of violence perpetrated on her by the Respondent No: 2 the husband of applicant & there other family members. The applicant/Complainant filed Compliant against the respondent which culminated in criminal case under section 498A & 406 against the respondent & others.
2) That the applicant/ Complainant seeks the transfer of the case tilted State Vs ...... from the Court of Judicial Magistrate Place A to any Competent Court. It is submitted that the most of witnesses cited by the investigating agency in the calendar of witnesses hail from Place B and it will be convenient for all the witnesses to come in the court at Place B.
3) That the applicant/ Complainant is also residing at Place B and it shall be in the interest of justice if the said case is withdrawn from the files of the Judicial Magistrate Place A and transferred to the Court at Place B.
4) That the applicant/Complainant being a woman is vulnerable to the violent and indecent acts of the respondent No: 2 and his associates who belong to Tehsil Place A. It is respectfully submitted that the respondent has assembled a crowd of anti-social elements at Place A to target the applicant and subject her to harassment and indecent acts so as to prevent her to properly look after her case and seek appropriate legal assistance.
Can the Court transfer the case on these grounds.
sushil
29 November 2015 at 17:55
In WP No.7790 of 2009 Bombay HC. Ld.Single Judge delivered judgment after 9 months of its pronouncement. I am the concerned workman & member of MBPT union. My Company file above writ petition against award in CGIT Complaint No.2 of 2 of 2007. Company objected that, union has no authority to file such complaint u/s.33A of I.D.Act,1947. Union submitted CGIT Exh.45 in which workmen authorised union to represent in the proceeding of complaint u/s.33A & drew attention of Sec.36 of I.D. Act alonwith the citation of Karnataka HC in ‘B.D.K. Process Controls Pvt. Ltd. vs. Bhartiya Mazdoor Sangh-2002’ . While delivering judgment Ld.Single Judge recorded that:‘12] In the case on hand, the respondent does not rely upon any provision that permits filing of such complaint by a person other than the aggrieved employee. Nor does it claim that any specific authority was given to it by the six employees to file the complaint. In the circumstances, the complaint filed by the union must be held to be not maintainable and liable to be dismissed on that ground alone.'That means Ld. Single Judge recorded false Statement in judgment/order. What is the solution to correct this things.Is there provision to make application in Bombay HC aginst this wrong thing. Bombay HC completely close the way to file LPA. Please guide me.
Mr Sreejit
29 November 2015 at 17:53
Can a stranger move civil court for declaration and possession of a property which is already partitioned and passed on to next generation and further probated in somebody's name.
Vinesh K Chhaya
29 November 2015 at 17:04
My client have business of trading diamond ornaments and in this business there are no bills and other legalities follows, my friend did loss due to his payment not recover from his customer.
he need six months to pay his debt to suppliers eventhough his payment not recover from the customer whom he sold the ornaments.
One advocate has adised him to lodge civil application or arbitration and pay through court so the supplier can not lodge any criminal complaints
what is advisable
sunil kumavat
29 November 2015 at 17:04
Resp sir,
My friend is suspended from Govt.job since 30/10/2013.
as per your guidelines he has approcahed dept. as well as Mat for reinstate in job.
dept conved him that as they have not issued him CHARGSHEET they cant reinstate him befor that,
Mat aslo rejected his application on the same ground.o29/9/2015
what shouid he do to reinstate. as it is more than 2 yr. time till he is suspended.
please guide .
sunil
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