Vinod Shah
10 March 2018 at 22:33
Dear Experts,
One of my friend got terminated from his service on baseless and patently illegal charges framed against him by his employer. No principal of natural justice followed and no reasonable opportunities given during the course of departmental inquiry proceedings. He approached to Central Administrative Tribunal (CAT) and the High Court of Delhi seeking interim relief for reinstatement and stay on operations of orders of removal of service including letters of employer for asking vacation of company accommodation and house building advance taken. CAT admitted the case and inclined to allow any interim relief by mentioning in its interim order that that the matter is serious and the employee is out of employment, hence CAT will dispose off the case amicably in interest of employee. Employee approached to High Court of Delhi seeking same interim relief but High Court of Delhi also inclined to allow any interim relief to employee and relying upon the CAT's interim Order and presumed that the matter in pending before the CAT and the CAT is mindful and acting in favour of applicant. Despite of these orders of High Court of Delhi and the CAT, employer is sending letters to terminated employee and asking him to vacate the accommodation and repay panel rent as well as housing building advance immediately. It is clear signal that the motive of employer is to disturb family life of terminated employee and harass him.
Now, my question is that :
a) Is action of employer is good in the instant case?
b) Can an employer ask for outstanding dues if matter is pending before the service matter court i.e CAT?
Kindly suggest what is scope of legal remedy for applicant in the instant case so that he may be prevented from the undue harassment by the employer. Please note that applicant is still unemployed and no source of income. He is living with his family along with two small school going children (daughters) in the employer's accommodation.
Prima facie the case is in favour of employee and he is 100% ensured that he will be reinstated back in service after finalization of case in the court.
Your suggestion on this matter will be very helpful for him and can save his life from undue harassment.
Mustafa Bhat
10 March 2018 at 21:09
I opposite party has contracted second marriage but in court is not accepting the same. She has availed leave from her department/office for miscarriage.
I got through RTI the leave application & sanction order of leave wherein the name of husband is mentioned.They are both photo state copies...Can they be considered in evidence as document...As evidence has been closed & in defence I have one opportunity left for submission of documents.
Akash
10 March 2018 at 19:15
Hi,
I have beeen working with my current employer, lets say XYZ, from last 4 years. Now i have got an offer from a other comapny, lets say ABC, and want to move out, for that I have resigned my current employer(XYZ) putting a mail to the manager and keeping HR in cc. My manager have also accepted my resignation. The company from where i have got the offer(ABC) is the same company where i am currently working for a man days project through my current employer(XYZ). Currently I am serving notice period, which is 2months for my current company.
As the HR of my current employer XYZ came to know that i am going to the company(ABC) where i am currently working for a project, he is saying he will not give me relieving letter, because of some bond between both ABC & XYZ which states that company ABC cannot hire any member of the team working for their project, but i have found out that there is no such bond. The only bond that exits between both the comapnies is that i cannot be hired by the same team of comapny ABC, for which i am working, but can be hired for other team of the same company. I spoke to comapnay ABC's HR and they said, they have done thorough background check before releasing the offer letter, and they have found there is no bond which prevents them from hiring me.
I am trying to sort this out by talking to my manager and HR of current company. If finally they dont give my Relieving letter, may i know what are my legal options available for me.
Anonymous
10 March 2018 at 19:02
District Consumer Fourm' Daily order:
��������"� Today Is Fixed For Filing Written Version By OP No.1 As Last Chance, Id The Case Shall Proceed Ex-Parte Against OP No.1"
This is what the forum ordered after 45 days when no written version was presented even after OPs advocate sought time two times earlier.
I have information that OP has given written version to the Staff of the consumer court, after the daily order was issued. OP was not present in the court that day.
Now I have two questions:
1. Now since 65 days have passed since the receipt of the notice can court accept their written version? I have seen the Supreme court ruling about 45 days period. Also in Sept 2017 in a case supreme court has not accepted the written version after 45 days.
2. Since court has given a daily order that case shall proceed ex-pate against OP. Can the distric consumer court reverse its own earlier order? And accept the written version after 65 days of notice? I have read that only national commission can review it's order.
Kindly help me. Thanks in advance.
A.DEIVA NAYAKI
10 March 2018 at 15:07
Thanks sir... My father in law expired on1988 mother in-law expired on 1993 ..we had received heirship certificate from the the court for nine members..we have the govt patta copy.of said properties mentioning the nine persons names....allsters were married....all nine members are alive...there is a inconvenience for the abroad grand daughter and grandsons...we want to sell those properties by immediate registration not to make an agreement registration....is this possible....is there a need of presence of grandsons and grand daughters for signing at the time of registration ....the property is not an ancestral property....my grand father in law self earned one...please could you clear my doubts once again...thanks
Dhirender Wadhwa
10 March 2018 at 14:20
I am a part of a Non-monetary Help Group working in NCR basically for senior citizens, child education & medical help through teachers, doctors and volunteers comprising the group. My family has been taking care of monetory expenses, if any incurred in the works.
One year ago, I registered a Trust in Uttar Pradesh. My parents recently gifted a piece of land (their self acquired) to the trust (to build a home for homeless senior citizens) by a will. A friend of my father (a part of our volunteer group) also wants to gift a small plot (self acquired) of his to the trust for children home. Though all constructions will be carried on when we gather enough from our incomes (my family)
Please advise the legal papers and procedure to follow, so that least expenses are incurred (We don't take monetary donations and all expenses are borne by my family). Father's friend is in doubt regarding the will and wants to transfer the plot permanently as his two sons (well settled in other cities) have been trying to get hold of his properties by force and he (and we also) don't want any legal issues later.
Your expert advise would be of great help for us, as this would involve many lives in future.
Krishnaraj
10 March 2018 at 14:17
Hello sir,
I would like to know whether court can pass a interim stay order ( injuction ) without paying proper court fee by the plaintiff ? if No, kindly let me know the under which section .
Narration :
I have purchased a property through sale deed dated 06-01-2016, wherein 5 defendants have personally executed the document , and a Plaintiff was represented by a Defendant No 1 through GPA duly executed before the notory.
Now the plaintiff have approached the court for cancellation of ENTIRE SALE deed, and paid the court fee ONLY to the extant of 1/6 of his rights. The court has granted the interim relief to the plaint by passing the injection against me by 1) Putting up any construction, 2 ) Alienating the property , 3) creating encumbrance .
So, my point is can the court grant interim relief to the plaint for paying only 1/6th amount of the property as Court fee, wherein he asked for cancellation of entire Sale deed.
If No, kindly let me know under what section we can put forward our case.
Thankyou in advance.
Prakash R
10 March 2018 at 12:41
Hello Experts,
Yesterday, the Bar council of India declared results of All India Bar Exam - XI, conducted in Dec-2017. I have passed in the exam and now I have a few questions,
- Though, I have passed the exam, the certificate of practice(COP) is not yet issued by the BCI. I heard that it takes more than 6 months to issue the formal certificate.
- Now before receiving the COP, can I accept clients independently and sign the Vakalatnama ?
- Can I represent my clients in High Court also?
- Are there any restrictions in spite of passing the BCI exam?
Thanks in advance,
Prakash R
sonavnayak
10 March 2018 at 12:36
How can I file suit for damages in case of Breach of contract by a franchisor and arbitration clause
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Compromise section 452 with cross fir 498A
My sister was suffering with dowry harrasment and physical assault when i intervened i was slapped with 452 . so ultimately we have to file 498 A.
Matter is under trial in sessions court.
Now came to settlement
Are these both offence compoundable?
The opposition people are very cunning and dangerous.
We fear that they will get their case closed and we will be cheated.
What precautions to be taken.
That guy is big liar very influencial.