I worked in a private Deemed University for nearly 36 years. PF contributions were done regularly into my PF account. When I applied for a final settlement after my superannuation I am getting very less amount. I am supposed to get approx. Rs. 16 lakh. But I am getting approx. Rs. 9.5 lakh. There are lapses on the part of the University Establishment section. Kindly advise me how to approach court?Read More

Posted at 12:51 PM, 27 Jun 19 | No Answers Yet

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 09:27 AM, 19 Jun 19

With respect to query, the legal opinion is as under:- (1) Under the law of torts, every person has a right to claim damages for mental torture or harassment caused by any person in an illegal manner. So if you have been harassed and tortured by any person, you are entitled to sue such person and claim damages. (2) But no such suit can be filed against a company. (3) The company is not a juristic person, on the contrary, it is a legal person only. No company performs its functions personally. So you cannot sue the company. However, you can sue the officials personally who are causing harassment to you.Read More

Posted at 04:20 PM, 18 Jun 19 | 1 Answer

Advocate Tejasv Anand | Legistify

Advocate Tejasv Anand
Answered on 11:35 PM, 24 Jun 19

If you have not received the salary and their is any unpaid salary. The employees of the Company are free to firstly send a notice to the Company demanding salary and other dues such as Leave Encashment, Gratuity etc. (as applicable) and thereafter, pursue the most suitable and quick remedy. The Company even if not doing well financially, is liable to pay the salaries to its employees.Read More

Posted at 07:13 PM, 17 Jun 19 | 1 Answer

I work in an LLP based out of Goa registered in Ahmedabad which I join on October 17. My designation is Brand Manager and also responsible for revenue generation. In the last financial year, I was paid for only 3 months and have a hard bargain getting my unpaid salary from my employer citing funds issue. The company has paid every other employee with some delay but I am now stuck with 9 months of unpaid salary. What's the best recourse?Read More

Posted at 06:06 PM, 17 Jun 19 | No Answers Yet

Incident: I just joined a new company (1 month back). A colleague told me that he is involved in a business and there are few positions in Bangalore (we currently working) and he referred me for a business interview. I said, "okay there is no harm". I got a call that I have got selected for a business interview and the interview details were sent on a message from a number. Then they didn't tell me clearly what kind of business they do. But the discussion stretched for 2-3 hours. I was not convinced but just because my colleague was there, I thought okay. The interviewer told me that Rs.5000 I have to send to my colleague account as this amount is used to book a seat for the business. He said, "To continue with the business I have to give 3 Lakhs". The money was totally refundable he said and if I don't want to continue then I can get it back from my colleague. I didn't give the money for 2 days. But the colleague was continuously trying to manipulate me and during that time I was not well. I trusted him, transferred the money and he was following me every time to convince me and manipulated to take a personal loan of 3 Lakhs. But when I said the very second day that I want my money back then my colleague is telling that I have to discuss Face to face with the interviewer then only it will be closed. He is not giving my money back, there is no receipt. But I did an online transaction. They didn't share any detail about the business or the company they work in. Please help me and tell me how can I get my money back?Read More

Posted at 07:23 PM, 11 Jun 19 | No Answers Yet

We belong to Chhattisgarh. My dad passed in 2017 by major almost 99% body damaged while he was in office premises elevator and died in the hospital within 3 hours. Police FIR lodge, zero investigation, no one behind the jail. My dad whole 1-year service was left. One case submitted in district court this year after almost 2 years but not seen any legal progress. My dad was a teacher in Chhattisgarh state electricity board Mandal. This school run by this government hub. It's a Chhattisgarh major power plant company. We want justice. Please suggest a legal path to handle the case correctly as we are a very low middle-class family.Read More

Posted at 07:16 PM, 10 Jun 19 | No Answers Yet

I joined a company in November 2017 and left it in November 2018. My resignation was accepted and I serve the notice period. However, on my LWD (Long Working Distance) my boss told me that I forwarded my calling tacker in June/July 2018 to my personal id, and because of that I cannot get clearance and relieving. I forwarded the data as the boss asked me to work from home in case I cannot come to the office. My personal emails were checked on LWD and nothing was found. IT team took a screenshot as well. What is the solution for this and how can I get the relieving letter? RegardsRead More

Posted at 06:11 PM, 10 Jun 19 | No Answers Yet

I'm working as an Assistant Manager with Allianz Services in Trivandrum. I formally submitted my resignation on 15th May 2019. I'm unable to serve my 90 days notice as my mother in law is suffering from cancer and I need to move back my home town Bangalore along with my wife for her treatment. I have explained the whole situation to my Manager who has spoken with the HOD about me not able to serve a full 90 days notice. I am able to serve 30 days notice and happy to pay for the remaining days. My wife works for the same company as a claim service consultant and they have agreed to release her by accepting payment for 60 days but they are not ready to release me. My manager says that HOD is not agreeing with me buying out my notice period and wants me to serve full 90 days notice. If my mother in laws condition was not so bad, I would have had no problem but management here is not ready to understand. I have spoken with the HOD thrice and he has been very rude to me ever since I submitted my resignation. He, in fact, has threatened me that if I apply for a job once I go back to Bangalore and give his reference for a background check, he will provide bad feedback for me and ensure that he will destroy my career. He said that to me on my face. He suggested that I should not try for any jobs once I move back to Bangalore. He has indirectly tried to humiliate me in front of other employees by talking bad about my family. My reason to leave the job is purely personal but management here is making this very difficult for me. I feel very stressed because of the way I am being treated here. Please advice me what can I do.Read More

Posted at 04:52 PM, 07 Jun 19 | No Answers Yet

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 10:09 AM, 26 May 19

With respect to your query, the legal opinion is as under:- (1) If you are getting any relief within the framework of your office administration, you are free to go to police to file the case or FIR against the person harassing you. (2) However the convincing evidence or circumstance should be there prima-facie proving sexual harassment. (3) An explanation is very necessary as to why the complaint is being lodged with a delay.Read More

Posted at 04:24 PM, 25 May 19 | 2 Answers

Advocate Vabhav | Legistify

Advocate Vabhav
Answered on 11:32 AM, 05 May 19

With respect to your query, the legal opinion is as under:- (1) If final acquittal has taken place in the Criminal case, the applicant is not disqualified at all to join the Government job. (2) But if the case is still pending, it is a bar from joining the government service especially when the charges are amounting to moral turpitude.Read More

Posted at 03:55 PM, 04 May 19 | 1 Answer