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Avinash Aravind

Posted 22-Apr-17 20:28 PM

Non payment of salary post resignation.

Madam SirI had worked in a corporate medical college hospital as a Junior doctor. I had resiged on February 28th after serving a notice period of one month according to the institutional policy. Now it's being almost 2 months post resignation and I haven't still received my salary and other eligible allowances.So my query is1. What is the time limit within which the salary and other dues must be paid off to the employee ?2

Do not wait much longer. Engage a counsel and have him draft a legal notice for you seeking payment of salary and any other dues.

Has the full & final settlement been prepared? Have you any correspondence with the concerned Accounts department or anyone else in the administration informing you when the dues will be paid?

You can file a recovery suit seeking payment of dues with interest.

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Posted 21-Apr-17 22:40 PM

Employment bond & letters legitamacy

I broke the employment bond with HCL Technologies and left to continue my studies. After 2 years, I got 2 letters in the span of 20 days from HCL Technologies asking me to send a demand draft of the amount mentioned in the bond within 10 days of receiving the letter . Both letters are written on HCL Tech letterhead. But they are not stamped and has a signature of a person (not printed signature, but literal one) who works in legal department of HCL Technologies. The letters does not mention anything about taking a legal action. But the summary of second letter is that, it is a final reminder to pay the money with in 10 days and failing which will be constrained to initiate appropriate proceedings as be advised. Can a company send such letters without the stamp? In a previous letter i received from the HR when i did not report to my work, they did not stamp the letter but they did mention that this is system generated document with scanned signature by authorized signatory and does not require the company seal. But for the 2 letters i received after 2 years asking me to pay, there is no such mention.Can you tell me how to proceed further and if the letters can be considered as legitimate?

In reply to Shashank Sharma's answer:

I didnot resign. I stopped reporting to work. I didnot get my salary of one month i worked for, other dues or experience certificate. I was trained for the job by the company. The reason for me to not go to work is that they told me ( me and 50 + people they recruited) my salary would be 3.25 lakhs per annum and they made us sign the bond which mentioned the salary would be "up to 3.25 based on the project". Then after joining in the project and recieving salary according to 3.25 pay for 2-3 months, they cut our salary to 2.75 per annum and cut the excess pay they had given us for first 2-3 months. All of us protested this and kept meetings with HR's and higher authorites of the company to increase the salary. But they kept arguing us that we signed the bond. I worked for an year for the training they have provided and my bond period is 1 1/2 year. I asked my manager to release me from the project since it's too much work in the project for the salary i am getting paid. But he told me he won't release me from the project and so i quit .

Note: The letter is signed by a guy who works for hcl legal department. He is an authorized signatory itseems. The notices i have recieved till now doesnot mention anything about taking the issue to court or anything about legal action and they are not from lawyer. But i don't know if they want to take any legal action since i didnot send them the amount.

I want to ask what will happen if i stop taking the notices? I donot live in India now and the letters are coming to my hometown address. Can i ask my mom to tell the postman to return the letters saying that i don't live there anymore? 

If i do that, and they proceed to take legal action and send a notice from lawyer, will returning those notices back cause me any trouble?

 

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Posted 18-Apr-17 02:35 AM

Is first time drink and drive a criminal offence and show up in CRB checks? #drinkAndDrive

Hello, I was booked for drink and drive in Bangalore and the traffic police asked me 4000 rupees. I gave them the money and got my bike back. 8 months later, I get a show cause notice from my local RTO stating that Bangalore police had requested the RTO to take action against me under section 185 of motor vehicles act. The RTO closed the case by suspending my driving license for 3 months after I explained my situation to them. Now my question is, is this recorded as a criminal offence. Would this reflect in CRB checks? I currently study outside India and worried about my visa status because of this. Any help is greatly appreciated. Thanks. Regards

Posted 17-Apr-17 14:25 PM

What is the best way to gift a piece of land to son in law?

There is a piece of unapproved housing layout around 4000 sq.feet and my mother wants to gift half of this to my brother-in-law, i.e., her son-in-law. What is the best way to do this with minimum registration fee. Heard of Gift and Settlement deed but not sure if settlement deed allows to gift a land to son-in-law. Additional Information: 1. This land was bought by my mother from her savings (not ancestral property) 2. Religion: Hindu 3. State: Tamilnadu

Posted 12-Apr-17 18:53 PM

Does leasing a home to a company as a guest house become a "commercial use" of the property? The company intends to house its travelling senior executives in the house

The home is located in a gated community "Aparna Gardenia", located in Hyderabad. The bye-laws of the society state that the homes cannot be used for "commercial purposes". A neighbour sought to complain against me when he knew I wanted to lease the home to a company as its guest house, by citing this particular bye-law of the society

Posted 07-Apr-17 12:19 PM

Breaking 1 year bond with IT company- absconding

Hi All,I was given a position of associate software engineer in a reputed mnc in the month of september of 2013. My whole batch was made to sign 2 bonds 1st one stated that i would be eligible to pay a sum of 1 lakh rupees to the company incase of breaking it with my father being the guarantor. The 2nd one that i being a girl working in noida have no issues in working at late hours at night at times as and when required by the company (was mandatory to sign) .Post 1 month of training, i was given a project. After introductions the manager told me that i would need to come in night shifts only for complete 2 years at least , this was not informed to me earlier during my first interview withcompany HR. I refused and stated the same to the hr head of that time -the hr refused to help me and said point blank that i have to work like this only as i have signed a bond.After 3 months of working in the company i left it without informing any one and recieved the email which stated that the company now considers me as an absconded employee in march 2014.In between i did recieve 2-3 notices stating legal action that will be taken against me.I had even replied twice stating my reasonsMy today i have recieved a post mail from a retired high court judge of M.P. who was the sole arbitrator Stating that :"The since none of the non-applicant (i.e. me n my father) were present. Non applicants are now declared exparte.The case is fixed for ex parte evidence by the way of an affidavit on 20th april 2017 at 4 :30 pm "Kindly explain the importance of the statement above in term ofindian lawAlso please advise as to what course of action can i take now.P.s : i was a fresher when i was offered this job.

It's very unfortunate that you were not more dilligent in responding to the notices from the sole arbitrator.

If the parties agree to it, disputes arising out of contract can be reffered to an Arbitrator for adjudication instead of pursuing the matter in a court. If your agreement with the company provided for the company being able to choose the arbitrator, the choice of the Retd. MP High Court Judge is valid.

Secondly, when you receive notice it states the date and time of the next scheduled hearing and you should have appeared before the Arbitrator on that date, either yourself or through lawyer.

Third, you did sign the bond and did agree to work night shifts. You could argue that you were misled by the company but unfortunately you can't file a reply now and can't ake that  defence.

Fourth, ex parte means that only one party is heard. In this case, your right to file a reply to the matter has been closed. You can still appear before the Arbitrator and examine witnesses. An ex parte decision is still based on merits of the case so it doesn't necessarily mean that the matter will be decided against you. However, the more prudent option would be to approach a Court and have the ex parte order set aside.

But, you can only do  this if you have any valid ground for not appearing before the Arbitrator despite being served with notice. Unfortunately for you, one legal maxim that the Courts strictly adhere to is "Ignorance of Law is no excuse."

This means that you can't say I didn't know/realise that I had to appear before the arbitrator.

Finally, you will have the option to file Appeal agains the final order/judgment of the Arbitrator.

 

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Posted 07-Apr-17 09:59 AM

My grandfather died some 10 months ago. he had 3 sons including my father. Now both of my uncles are showing me a will stating the distribution of property completely in their favour.

My grandfather loved all of his ons equally, So i am very sure he can't do this to my father. In the last two years of his(my grandfather's) life he was completely bed ridden, the time when the will was done. Also i doubt the signature, as they differ from that of my grandfather.Sir tell us, if we can challenge this will, and under which terms.Eagerly waiting for your reply

Yes, a will can be challenged in the Court. Your uncles will have to file a probate petition before a court, where you can enter your objections to the will.

To be valid, a will must bear the signatures of witnesses and must also be signed in good health by the testator. In a case such as that of your grandfather, if he was bed ridden, then a Doctor's statement should have been part of the will so as to show that your grandfather was medically competent at the time of making the will. In the absence of a Doctor's statement, the will can be challenged on the ground of ill-health alone.

Other questions to consider:

1. Was the will registered? Although not required, it's recommended to get wills registered.

2. Did you grandmother pre-decease your grandfather? If not, what are her shares in the will, if any?

3. To your knowledge did your grandfather expire intestate? That is, did you grandfather pass away without making any wills and only now your uncles have mentioned the will in question.

4. Are the witness signatures clear and legible?

5. What is the relationship of the witnesses to your grandfather, if any? (Whether neighbour, friend, etc.)

These should give you an idea of the different areas from which to object to the will.

... Read More

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