Advocate Upma Shrivastava

Questions Answered by Advocate Upma Shrivastava

Q: How to file an appeal against the interim order of the court

What is procedure for appeal against the interim order (condonation of delay in filing the claim) of Delhi Shops and Establishment Act and where would the appeal lie? Please also give the provision under which appeal lie. Thanks in advance

Advocate Upma Shrivastava answered
It can be filed before HC, you need to have the certified copy of the order you want to challenge. File your appeal with reasons why impugned order is wrong and erroneous. Ask your lawyer to make a proper appeal.

Q: Fraud case against jukaso journeys who are refusing the refund amount

Hi...I purchased a holiday plan from jukaso journeys on 6.8.17.till date I have not received the things which were promised to me at the time of membership...they are denying this fact because it was a verbal communication and we have nothing in written....I thought to go on a holiday trip that was also denied...reason unavailability though they promised that for any domestic holiday we need to tell them 7 days prior..I felt cheated and requested to cancel my membership...now they saw they would only refund 60% as we have cancelled it on 11 Th day of our membership...pl. help

Advocate Upma Shrivastava answered
We handled similar case which was for refund of Rs. 110000 but jukaso had to pay rs. 145000 including interst and litigation expense. They came and settled the case in our office. Kindly contact if need any assistance.

Q: Can a person be reinstated when he was terminated after signing LOA

Sir, I was appointed by a UAE company and has signed a letter of appointment. The company has proceeded with entry permit and air ticket for travel. Later, I had requested them for clarity on passport holding in Sharjah as I have heard that employers hold the passport at their will and do not let the holder keep it restricting their will. Once I asked for clarity and reconsideration on wages - they said we are termination your appointment and asked for a claim for visa and air ticket expenses. Here the point of contention was clarity on passport holding in Sharjah and whether reconsideration can be given on offered salary. The company itself said that they no longer want to hire me and claim the cost and if not given- legal course would be taken.

Advocate Upma Shrivastava answered
It is the company who is terminating your employment. They must state tge reason for termination. In fact you can claim compensation for leaving your past job etc. In case you would have declined to join after accepting employment you would have been liable to pay back

Q: Wants to know about duration of government job

kya goverment job lgne par 8 sal bad goverment kisi b gov servnt ko job se nikal skti hai

Advocate Upma Shrivastava answered
No, not true there is no such rule. There must be some reason for termination otherwise action can be taken against such removal. AN employee can apply for VRS provided he/ she has completed stipulated years of service.

Q: Wife with baby deserted husband and sent notice

I got married in 2006. Since our first child was born in 2011 , my wife is living with my in-laws in Kolkata citing reasons like baby care and her career. I have Govt offered Job and 3 BHK house in Delhi. But she refuse to come to Delhi at our matrimonial house citing absurd reasons. I cannot go to Kolkata oftenly to see my child keeping in view my job commitments and responsibility of my ailing mother. Now she has served notice accusing me of " reluctant to take responsibility of Kid"

Advocate Upma Shrivastava answered
Send a proper reply to the notice, stating your reasons etc. and if you want to continue with the marriage file section 9 petition for restitution of conjugal rights and if you want divorce can file a divorce petition on the ground of cruelty.