Advocate Prashant Agrawal

Questions Answered by Advocate Prashant Agrawal

Q: Legal action against non payment of salary to a Government servant

I am a government servent.I have not been paid salary from September 2017 till date.I have written a letter in this regard to HOD.I have been working for 6 years.Still no confirmation letter.I have reminded about my confirmation too.

Advocate Prashant Agrawal answered
You can make representation about the payment of your salary to the Secretary to the Government of the concerned department of which you fall under to the Chief Secretary or depending upon the service rules applicable to you if it states that that disputes on pay/ revision shall lie upon to the Minister's court. There is also Service Ombudsman constituted , you can make your representation to them also. In regards to your confirmation in service, it all depends upon the conditions mentioned in the appointment letter.

Q: Non-Veg Shop near Old Hindu temple hurting the religious sentiment.

Non Veg Shop legally Operating near Hindu Temple recently started. what is the procedure to complain? Smell of the cooked food reaching temple.

Advocate Prashant Agrawal answered
Your query for operation of Non Veg Shop, you can legally challenge the operation if he has got required licence from Food and Drug Authority, Health Department, Municipality/ Panchayat and whether registered under Shop and Establishment. If he has got requisite licence then you can ask to shift the shop through persuasion by the intervention of Local Panchayat/ Municipality considering public sentiments are affected.

Q: Does notice go home in court marriage verification

For court marriage does any letter go home incase family is not accepting the match?? When pinned at the notice board is the photograph attached also incase there is rejection from one side?

Advocate Prashant Agrawal answered
Parties (bride and groom) need to submit a notice in writing, in the form specified in the second schedule to the Marriage Officer of the district, in which at least one of the parties to the marriage has resided for a period of not less than 30 days immediately preceding the date on which such notice is given. The notice shall accompany a joint affidavit by the parties in prescribed format to the office of the Marriage Officer.After receiving the duly filled application from the parties, the Marriage Officer will issue a notice (with a copy on notice board) for claims and objections to the Marriage Officers of home districts of both the bride and groom, returnable within one month.Marriage Officers of home districts publicice widely for information of all concerned like parents, relatives etc., so that they can file claims and objections, if any, to the Marriage Officer of concerned home district.If no claims and objections are received within the stipulated period of one month from Marriage Officers of home districts, the marriage is solemnized and registered in the court of Marriage Officer, in presence of 3 (three) witnesses under Special Marriage Act, 1954.Normally they paste the notice on the notice board of the Marriage Officer's Office

Q: Articles in the newspaper give me mental torture, can I file a case

A newspaper editor is displaying various articles in his newspaper. Which is giving me mental torture. He displays those articles regularly. I have not even spoke to him yet nor taken any legal step. If any legal step to be taken against him. What shall i take? Please help. Thanks in advance

Advocate Prashant Agrawal answered
Yes you can file suit if you find anything false or disturbing and so also claim damages for mental torture. Quicker remedy would be filing complaint before Press Council of India in case the newspaper publisher is not following norms which they are required to.

Q: Time money involve in getting relieving letter through labour court

I would like to know how much time and money require to get relieving letter through labour court, ?

Advocate Prashant Agrawal answered
The details of the query asked is insufficient to answer. In order to approach Labour Court there shall be an industrial dispute as defined under the Act and the person raising the dispute shall be a workman again as defined under the Act. In regards to money, Industrial Dispute Act is a welfare legislation hence court fees is exempted.