Advocate Anupam Kirti

Questions Answered by Advocate Anupam Kirti

Q: Clarification regarding gratuity fund and fake documents

I want to lodge a complaint against my previous employer regarding my gratuity fund and present fake doucments against me under 420 Indian Penal Code. Where should I go first?

Advocate Anupam Kirti answered
If your department has got grievance redressal forum then you should approach and record your Complaint for departmental enquiry against erring officer. If you wish to directly lodge a police complaint then you should approach the concerned police station.

Q: Is working woman not entitled to maintenance post separation

Religion: Hindu. I got married in Delhi on May 2013, we stayed in my matrimonial house for 15 days as we both were working, later I took transfer and shifted with my husband in Bangalore on June 2013. We used to go my matrimonial house once in year during Diwali festival. Demands of my husband & in-laws were increasing day by day & they were not treating me well and they also restricted me from visiting my parents. They were also taking share from my salary, when we were not able to meet their demands, my husband deserted me and shifted to abroad. Case is going on & is on interim arguments stage, but I feel that my lawyer is forcing me to settle the matter by accepting some amount. We have the proof of dowry which we gave hard core cash worth 16 Lakh. But my lawyer is neither asking for stridhan nor for the matrimonial house. He is saying that since I am a working lady, I will not get anything, If I am working can my husband leave me without saying a word. Am I not entitled to anything.

Advocate Anupam Kirti answered
You do have the right to maintenance and also right to residence. You are being wrongly advised that since you are working you will not get anything. Your case is going on and at this stage it is necessary to press these things with relevant case laws during arguments.

Q: Procedure to join back after dismissal of service in case of fraud

Actually my sister is working in a bank . she has committed a fraud while working and when it was traced out , we paid all the money back to the bank . But the bank in turn after getting all the amount has dismissed her from the service. I want to write an appeal to higher authorities for giving her one more chance.

Advocate Anupam Kirti answered
See in matters where such type of fraud has been committed and it has been proved, organizations don't tend to give a second chance. It is the credibility of employee which comes into question. You can however appeal to higher authorities against dismissal.

Q: Legal remedy against non payment of salary

How to get my salary from the employer who is refusing to pay

Advocate Anupam Kirti answered
You need to elaborate your question. Was it part time or full time? Was it contractual? What was your position in the organization? Was there any agreement between you and the employer? Was there any notice period? You can first of all send a legal notice to the organization for release of your payment. If still he refuses to pay you can also file recovery suit against the employer. But things depend upon actual facts and circumstances of the case.

Q: Work done but payment terms not clarified

My employer employed me as a technical supervisor for events, the payment discussion for which was put pending by the employer due to work commitments from their side. apart from technical supervision, I had to do labor work of transportation too for the equipment which was not mentioned, do I have any grounds of benefit?

Advocate Anupam Kirti answered
As per your query there was no agreement or terms and conditions agreed to between you and the employer with respect to work assignment and payment. In absence of any prior understanding you cannot claim as a right to pay you for the extra work done by you. However, if there was oral commitment by your employer and you have sufficient proof of work done by you then you can claim for the same.