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Anonymous

Posted 7 months ago

I had worked in an SSI unit for 10 years as a COMPETENT PERSON certified by the Govt. of West Bengal. My last drawn salary was Rs.7000/- per month. Please confirm whether I can claim from my employer Gratuity payment. If yesy, how much I can claim.

A. Dear Sir,
As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2)

For full procedure contact me on mobile through Vidhikarya.
Rate me Five Star *
Please visit the following link.

https://vidhikarya.com/LawyerRating/9506c43f5d0b2d266a07
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i have been asked to go on personal leave till inquiry completed and issued Charge sheet under Company Certified Standing Order . Though there is provision of subsistence allowance in CSO. The standing order is applicable to all kind of employee in the Organisation. I little confused that if worker is Charge sheeted under suspended pending enquiry, and he is being paid subsistence allowance but executive who charged under same standing order and has been asked to go on leave till enquiry completed on verbal instruction, will not be eligible subsistence allwonace legally. will it not be discrimination. I shall be grateful to you for providing me valuable advice & relevant case law in the matter.

A. Dear Client,
Please have a look
An Employee Is Entitled To Subsistence Allowance Pending Inquiry: SC [Read Judgment] BY: APOORVA MANDHANI16 FEB 2018 3:53 PM

The Supreme Court, on Thursday, ruled that an employee is entitled to subsistence allowance pending inquiry against him, opining that denial of financial resources would amount to depriving him of an opportunity to defend himself. The Bench comprising Justice M.B. Lokur and Justice Deepak Gupta observed, "An employee is entitled to subsiste ...ReadMore
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Dear sir, I have completed my degree while doing full time work in MNC company by adjusting timings.my doubt is whether that degree is legally acceptable or not.and I have joined in another company .can I submit that degree ?

A. you can submit your degree while joining the other institutiion if the previous employer during whose employment has no objection and presumed you have informed the employer before seeking admissiion or he recognises your degree
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Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Hi.I worked in a company from 01-04-2017 to 06-08- 2018. For Financial year 2017-18 Company deducted TDS on my salary but didn't deposit it to the government, hence not issuing 'Form 16'. My 'Form 26 AS' also has no TDS credit for FY 17-18.I have pay slips as a proof that company had deducted TDS .At present I am not working in the company . so I want to know what is the legal remedy I have to recover from them so that I can file the IT return and I don't get demand notice from income tax department.

A. Dear Client,
You need to know the following:
TDS deducted but not deposited:
As it may happen, your employer may have deducted the tax from your salary but has failed to deposit the same against your PAN with the government. ... However, the tax deducted during the year (as shown in the TDS certificate) must also reflect in the department's record in Form 26AS.
What happens if TDS is not deposited by Employer?
No demand on taxpayer if TDS deducted but not deposited by deductor. When your employe ...ReadMore
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Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
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Anonymous

Posted 1 year ago

Until first week of August 2018 I was working as a teacher in an organisation; I was given joining letter. In 2018, I was paid salaries for the month of January April and May this year but didn't get salary for the month of February March June and July & then I left in August due to irregular/unpaid salaries. How can I recover this due salaries of 4 months?As a proof I have my bank statement bearing the names of the months for which salary was paid and also I have the salary slips for those 4 months as a proof of my employment for those 4 months please give guidance

A. Dear Client,
You can recover salaries.
Send a Legal Notice through an Advocate.
Get the Services of a good Advocate through Vidhikarya.com
Shanti Ranjan Behera,
Advocate
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Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
Industrial Laws Sir There is a workshop and have a power blacksmith hammer machine. It's located inside town and residential area. When they use power blacksmith hammer machine, we feel like earthquake and our house also diffected. I complained to SDM and EO but they didn't take any action, just give a n nootice to the workshop owner but he still using Machine. The machine is legal? If not legal can you tell me act against it. And want more information to stop the machine.

A. Dear Client,
You can approach the Municipality to take immediate action.
2.You can also approach the Court of Law for solution through the
www.Vidhikarya.com
Shanti Ranjan Behera
Advocate
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Rajender  Prasad
Rajender Prasad Experience: 5 Year(s) New Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Neeraj  Kumar
Neeraj Kumar Experience: 1 Year(s) Patna
Sir There is a workshop and have a power blacksmith hammer machine. It's located inside town and residential area. When they use power blacksmith hammer machine, we feel like earthquake and our house also diffected. I complained to SDM and EO but they didn't take any action, just give a notice to the workshop owner but he still using Machine. The machine is legal? If not legal can you tell me act against it. And want more information to stop the machine.

A. Dear Client,
First file a FIR and next step would be to file a case in the court of law and
in between start looking for permission from the Municipality/Municipal Corporation
Environmental Clearance etc.
Build a pressure group to support your cause.Definitely you will win but may take time.
Shanti Ranjan Bhera
Advocate
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ARPIT  BATRA
ARPIT BATRA Experience: 11 Year(s) South Delhi
Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Deepak Yashwantrao Bade
Deepak Yashwantrao Bade Experience: 9 Year(s) Nagpur
i worked in a industry i resigned and they haven't accepted my resign. i forgot to bring my dairy and bag. from company. so i had gone to my manager house. and asked him to return my dairy. he told me to take it from company. then i get into company without taking permission from guard. as my resign wasn't accpeted and took my dairy. now they are telling me they will case on me for going in company without permission .. can they do. it.

A. YOU HAVE NOT MENTIONED THE FULL FACTS OF THE CASE. ANY HOW CONTACT SOME ADVOCATE THROUGH VIDHIKARYA.COM
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Mohd Imran
Mohd Imran Experience: 4 Year(s) Faridabad
Ved prakash  Shaw
Ved prakash Shaw Experience: 38 Year(s) Bhubaneswar
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
if correct, please share the law/clause stating that biodegradable plastic can be used in Maharashtra.

A. YOU HAVENOT MENTIONED THE FACT OF THE CASE. For details, contact some advocate contact some advocate through vidhikarya.com
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Kishan Dutt Kalaskar Retired Judge
Kishan Dutt Kalaskar Retired Judge Experience: 33 Year(s) Bangalore
Ambrose  Leo
Ambrose Leo Experience: 9 Year(s) Bangalore
My previous employer is not releasing my salary for notice period served and also my experience letter for not signing the estamp non disclosure agreement, which has the clause stating I can't join any competitor or clients for 3 years. This was introduced after my resignation was accepted and I was in notice period, it's a start up company or every organization with same profession is an competitors. Post my release I got an offer from one of the clients of my previous employer and I joined, through my fiance who works in there. Now the owner of the previous company is not at all ready to pay my dues and threatening he will file a case against me. Approached Labour Department on this issue, but no good came out of it. The response was it will take years together to clear this matter, as my salary doesn't come under 18k bracket, also he can file a case against me. It's not just me whom he has not paid salary also few of my other colleagues. I would really appreciate if you can guide or help in this situation.

A. SEND THE COMPANY LEGAL NOTICE THROUGH AN ADVOCATE AND TAKE FURTHER LEGAL ACTION
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