Anonymous
15 August 2018 at 00:10
Hi, I am new member to this forum. I am gling through a very tough time and finaly found this club on google any help or advice is hugely appreciated. I have been working for one of the MNC for last 13 years. I married one of my indirect reportee and been asked to leave the company imediately. I was taken to a meeting room asked to write my resignation on a pice of paper else they thretened that will list the same on my releasing that you have been fired on gross miscoduct. A warning letter was given to my spouse stating that you have done misconduct by being in realtion with senior leadeship.
I was on a senior manager profile and this loss of job have completely taken over a financial hit. I have running home loan and car loans plus occomodation rental. I dont know what to do.
DR.VEDULA GOPINATH
31 July 2018 at 09:28
dear learned colleagues
I shall be thankful to my colleagues for giving me the recent case references and reply 1. whether negative covenants of original contract shall continue in the prolonged contracts.. b. whether the contractor can claim extra amount in the extended period..
dr vedula gopinath advocate/arbitrator
Ravi Dutt Issar
30 July 2018 at 21:47
What to do if i want to change the regd. office address of a trust from delhi to Haryana state? What are the formalities and the procedure?
Anonymous
25 July 2018 at 18:15
I have attended a expo on franchise and shown interest in one of the food franchise they asked to pay 51000 as token amount to book the location I have paid online I have SMS and mail conversation between us after searching for one month I have not found good place for rent or lease in prime location to start a business so I have decided to give up the franchise now they are saying they will not refund any amount. I have not signed single paper for booking or taking any franchise. Please suggest what to do???
Anonymous
23 July 2018 at 18:28
Hi, I work in a MNC which works 5 days in a week.
I would like to know whether am eligible for applying gratuity.
DOJ - 19/12/13. LWD - 2/8/18.
Please help me out on this.
Pratik Gupta
13 July 2018 at 01:15
Hi - There have been many different case laws on this topic, but there seems to be no comprehensive solution. Would really appreciate any clarity on this. The situation is as follows -
1. Factory asset of Company A has been sold to Company B vide SARFAESI Act 2002.
2. Company A has few statutory dues, like ESIC dues. Workmen dues have been cleared by Company B.
3. ESIC claims that it has priority over amount recovered, and has 'legal right' to collect from occupier of property
4. Company A is currently 'under liquidation' (but no order has been passed)
Few questions arise out of this -
1. Can ESIC attach the property of occupier, even if the defaulting company A has not been declared insolvent (it is currently under liquidation).
2. Amendments to SARFAESI 2016 have made it amply clear that dues of workmen and secured creditors are above those of statutory dues and government dues. Is this provision retrospective, and applicable to SARFAESI purchases even before 2016 ?
3. Is there any limitation on recovery of dues by ESIC. They are looking to recover dues payable in 2013, in 2017.
4. Do dues related to land arreas, like VAT, Excise, ESIC etc even exist after asset has been sold vide SARFAESI, or are they only liable to collect before asset is sold.
Would greatly appreciate any clarity on these points.
Anonymous
26 June 2018 at 15:31
Hi All,
My friend joined one IT company and dropped resignation email after one week. They asked him to serve 3 months notice period or pay 1.5 lakhs as per their company rule. My friend is not ok with serving notice period. He returned the company asset (laptop) to them. They told him that they treat him as a absconding case.
My friend joined other IT COMPANY without mentioning the previous company's 1 week experience.
My friend's previous Hostel received one letter from the previous company.
Final doubt that, is there any chance that previous company file a case under dual employment by tracing using UAN / PAN number.
ANY help will be greatly appreciated.
Thanks in advance.
Srikanth
25 June 2018 at 15:52
Our full and final settlement has not yet been made by the company. It's the habitual practice of that company. whoever demands strongly for the full and final settlement, they will threaten by sending legal notices. Further, the company will not support and fails the employee verification process for such employee.
Last time few employees have been tried to file a police complaint for the delay in salary for the period of almost 3 months. Then they've been terminated immediately and notices were sent to them as the company name and fame have been spoiled and demanded to pay 25 Lakhs to the company as compensation.
It's been more than a year. All employees are feared of getting involved in unnecessary disputes with the company. We all held non-managerial positions.
1. Please let us know whether it is possible to file Winding-Up petition for recovery of salaries under the Companies Act 2013?
2. If yes where to file High Court or National Company Law Tribunal?
3. How long will it take in Winding Up petition?
4. Please mention if there are any alternative processes for effective/speedy results such
(a) Labour complaint
(b) Writ Petition
(d) Criminal Complaint
(b) Civil / Summary Suits etc.
Company Details:
Type: Private Limited Company
Registered at Andhra Pradesh
Working Office at Bangalore
Business Type: IT - Software Desing & Development
Directors: 3 (No.s) All belongs to the same family
Abhay Kumar Sethia
14 June 2018 at 18:58
Dear Sir/Madam,
I have received One email from my client that IPR had been appointed by proper authority and I was Requested to fill the attached from (SCHEDULE
FORM B
PROOF OF CLAIM BY OPERATIONAL CREDITORS EXCEPT WORKMEN AND EMPLOYEES
(Under Regulation 7 of the Insolvency and Bankruptcy Board of India (Insolvency Resolution Process for Corporate Persons) Regulations, 2016)
)
Therefore please guide me at your best that who should I deal with same with the complete procedure.
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Lease deed for private company before incorporation
Hi,
I am incorporating a new private limited company in MCA(RoC)
So, I am leasing a property for 3 years. But the company isn't Incorporated yet !!!
Question 1 - How/What kind of lease deed I should make ?
Question 2 - Is there any special changes I should make to lease deed ?
Question 3 - Should I register my lease deed ?
Question 4 - Is there any tax payable by lease / lessee ?
Question 5 - What are the things should I keep in mind while making lease deed ?
Thank you