Advocate Kunal Gosain

Questions Answered by Advocate Kunal Gosain

Q: Advice for appeal against CAT's order dissolve bunching & effect recov

An OA No. 3512/2017 has been dismissed by CAT(PB) in a hasty way and dismissed on the ground of no grievance without considering all facts and circumstances submitted by applicants. Matter was reg bunching benefits in accordance with om of d/o expenditure which was clarified after about 18 months of grant of benefits to applicants. The order not only dissolves benefits but also with retrospective effect i.e. with recovery which is a considerable amount. Order of cat has still not been implemented by the deptt. while case was decided on 27.01.2020. Now, we think to appeal against the order in Delhi high court to seek proper justice for us who are to suffer financially when they are not responsible at all. Please advice.

Advocate Kunal Gosain answered
Yes depending upon the facts and circumstances of your case, you are well within your right to file a Writ Petition before the Delhi High Court Challenging the order of the CAT. You can provide the details and discuss it with me over phone or video conference

Q: HR put me on PIP, Dont know Will I get the Gratuity or Not after the T

Sir, My name is Jitendra VishwakarmaI am working in the US-based MNC Company & working as a Sr. Operational Executive based in New Delhi, India from the last 6 years.Since I have moved to a different team as per the business requirement in the company, There are some small process mistakes happens & due to this my manager has put me on PIP(Performance Improvement Programme) for 1.5 months as per the HR discussion today & also warned that If you not up to the mark with this you will be terminated. Sir, there are 2 questions that I need clarity1> Should I resign & look for the other job?2> If I don't resign, are the company is giving the gratuity amount or not?ThanksJitendra Vishwakarma-8130328485

Advocate Kunal Gosain answered
Hi. Thanks for the query.As regards your first questions is concerned. It would not be appropriate to comment on what decision you should take because. The policy of each company may wary. As regards your second question, let me tell you. Is your right and no one can take away from you unless and until you have broken some bond or caused losses to the company, they have the right to adjust it in the gratuity otherwise they cannot refuse you gratuity as long as you are serving the notice period

Q: Fact check for a case against IMD

Some job aspirants are raising funds for a case against indian materiological department. I am also a job aspirant. They sent me some screen shots about case details. I saw that the case is against state of U.P. They told me that imd is in U.P. and under anuvag 3. I could not understand. Please help me. Shoud I join with them? Shoud I contribute money for this case?Case status - WRIT - A (WRIA) - [4296/2020] in allahbad highcourt

Advocate Kunal Gosain answered
You should make an informed decision. Researching into. Actual facts of the case. In your query you have talked about the case but haven't illustrated elaborated about the grievances which is faced by you and the people who have filed the case therefore in absence of specific details related to the case, it would not be correct to comment on the status of the same. If you have any grievance, you can file an independent petition.

Q: Illegal Tarminination by company without any reason

I am working in a limited company in delhi from last year. but in this pandemic condition my company terminated me without any reason. they just given me only one month notice on termination latter. this notice going to complete on 30th July. please suggest a legal way.

Advocate Kunal Gosain answered
hi for me to be able to advise you this copy of your appointment letter terms of employment needs to be seen but from other agreements which you're signed the services of the company .It also depends on the company's policy fo termination. It would be a different case if they have tried to implicate you in a false. Or accused you off criminal misconduct

Q: An Insurance company changes the form originally filled.

An Insurance company changes the form originally filled by me, which I discover when I ask for a copy of the original form filled by me through email.The data originally filled are replaced (by a different handwriting).This they do probably because the underwriter rejected the form because of a disease mentioned there in, which would have meant they would have lost their commission. Probably they never thought that I would one day ask for a copy. Now I want to file a criminal case and seek damages.

Advocate Kunal Gosain answered
Hi In addition to filling a criminal complaint. You can also consider filing a consumer complaint with the. District consumer forum/State Commision depending upon your claim amount. I had similar Cases where insurance companies are acting fraudulently. In addition to all this, you can also consider filing a complaint with the I r d a I which is the regulatory body for all insurance companies, and in case the insurance company is a p s u, you can also file a petition if your complaint is not addressed properly.Rest, I will be able to advice only if I see the relevant papers pertaining to your case.