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Aniket verma   28 July 2018 at 11:04

Incomplete Annual bonus

Sir/Mam,
I was working in XL DYNAMICS PVT Ltd. A finance company based in Navi Mumbai. I joined in June 2015 and I got relieved in April 2018. I got annual bonus in both first and second year however in my exit interview I was told that you will be getting final settlement after 90 days as per company policy and I got the cheque. Annual bonus provided was only 10000 but we ha deduction of 3000 per month for annual bonus which makes it 12*3000 = 36000.
And they paid only 10000, when asked they said "as per company policy".
I am not sure what type of policy is this, they deduct 3000 per month for 10 months in 2017-18 so I should be getting near about 30000 annual bo is, instead they gave only 10000.

Please advise.

Anonymous   25 July 2018 at 18:15

Refund of token amount

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???

Sunil Kumar   25 July 2018 at 13:06

Request.

I have used the ATM Machine for transaction of Rs. 500/- of Indian Overseas Bank, Motor Market, Manimajra, Chandigarh on 06.11.201 around 2:00 PM. The applicant did not receive physical cash from ATM Machine but a message has been received on mobile No. 9578458752 of deduction of Rs. 500/- from SBI A/c No. 65028870651. The applicant has intimated about this to the Branch Manager, IOB Bank, Mani Majra, Chandigarh verbally and they assured that Rs. 500/-will be reversed automatically in the applicant’s account. But the amount did not get reversed after 24 hours. On 15.11.2017 I have registered a complaint by way of online and a message with Ticket No. 3475813048 has been received on the applicant’s mobile No. 9357918952 with the intimation that the expected resolution time of resolving the complaint within 7 working days.
Chief General Manager of RBI issued notification No. RBI/2010/11/547 bearing Letter No. DPSS P.D. No. 2632/02.10.002/2010-2011 dated 27.05.2011 addressed to Chairman-cum-Managing Director with the direction to entail payment of Rs. 100/- per day as compensation to the customer complaint if the complaint is not resolved within 7 days on the issue of Reconciliation of failed transactions at ATMs (RBI issued letter Copy enclosed). I have registered complaint on 07.11.2017 by way of online SBI website and a message with above Ticket Number has been received on 15.11.2017 with the intimation to resolve the complaint within 7 working days.

Complaint registered/lodge on 15.11.2017 (Online on SBI website)
Amount Rs. 500/- credited 13.03.2018
Total Days: 118 days
Total Compensated Amount 118x100= Rs. 11,800/-
the bank is not ready to give me above amount. what can I do in this matter.


Anonymous   25 July 2018 at 00:01

Legal action by employer on employee

Can an employer take legal action on employee on the following grounds,

1) Not serving notice period - to what extent it is enforceable?

2) Damages claimed for breach of contract, NDA, non-solicitation? Again is it really enforceable in the court.

Anonymous   23 July 2018 at 18:28

Gratuity Eligibility

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.

Munish Kumar   20 July 2018 at 11:21

Form A

How to obtain form a from registrar of firms..
pls guide

Anonymous   18 July 2018 at 14:11

Dual employment issue

I resigned my old company on 9th jan 2017 and received same date relieving letter, and also i joined another company on 2nd jan 2017.

Now i joinning tat aig, offer letter also came, but now they are telling you 8 days worked 2 companies and we canot proceed your application. My old company also not ready to change relived date.

seenu   15 July 2018 at 19:11

Non issuance of share certificates

Hi,
In 1998 a company has been formed for construction of shops to create trade centre,it is a private limited company it collected around Rs 1 crore from public by issuing share application money form, each member paid Rs 35000 for a share, company bought 30 acres of land for construction of shops with that money ,each member are entitled to receive 1000 sqft land and 10 share each but till today they didn't provide share certificates for share holders, I bought two shares for Rs 70000 ,they voluntarily take decision of company without share holders consent,they don't conduct general meeting and few people Who became share holders at incorporation of company select director of company, again in 2008 they issued share application money and collected around Rs 3 crores from new members each paid Rs 35000 for a share,each member are entitled to receive 1000 sqft land and 10 share. I questioned them how they issued new shares for Rs 35000 as the land price is increased substantially from 1998 and they didn't get permission from existing shareholders who bought at 1998 ,they said you don't have rights to question us as you don't have share certificates they deliberately not issued share certificates to deny us shares holders rights and done many wrong doings so I filed a complaint against director of company at police station but they are refused to file Fir against them citing they will provide share certificates within 3 months from now , so I request you to suggest under what Ipc section they can be booked ,Is this come under criminal breach of trust?

Regards,
Seenu

Note : Till today they haven't started the project.

Pratik Gupta   13 July 2018 at 01:15

Priority of dues for sarfaesi over esic dues

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.

RAHUL MISHRA   12 July 2018 at 17:52

Case file

Sir, I was a employee in Real India mutual benefit Nidhi limited for the post of Zonal Manager. My company main work is collecting money by person according to company plans as FD, RD and Daily Deposit.
But after some months my company don't pay any money by persons FD, RD and Daily Deposits. When I know the situation I talk to my CEO but they say I will pay all persons payment. But after 10 days I again and again contact to my CEO but they don't pickup my phone. In this situation I regined from my company. After 7 to 8 months the persons who fix their money in my company they case a file against my company and also me. In this situation what can I do? Please help me Sir. Thanks