Advocate Aashansa Ann Rajeev

Questions Answered by Advocate Aashansa Ann Rajeev

Q: Can I file CGIT Case at Delhi after 2A certificate & NOC

A labour is illegally terminated at Patna , filed dispute at Patna DLC after lapseof 45 days 2A certificate issued to file case at CGIT Dhanbad. However, Petitioner requested for transfer of the matter to Delhi as labour is sick and lives in Delhi. CGIT Dhanbad issued NOC to file case at Delhi Can He approach to CGIT Delhi for filing the ID.

Advocate Aashansa Ann Rajeev answered
No, an NOC from CGIT Dhanbad isn’t enough, a CGIT cannot transfer a case to another CGIT on its own, and a workman also can’t directly “approach” CGIT Delhi to file the ID there. The power to transfer proceedings between tribunals under Section 33B of the Industrial Disputes Act, 1947 vests solely in the appropriate Government (Central Government here), by a written, reasoned order published in the Official Gazette, not in the tribunal itself. So the correct route is to file a formal application to the Ministry of Labour & Employment seeking transfer of the pending proceeding from CGIT Dhanbad to CGIT Delhi under Section 33B, citing the workman’s illness and residence in Delhi as grounds, and attaching the NOC from CGIT Dhanbad as supporting material. Only once the Central Government issues a gazette notification transferring the case can CGIT Delhi take it up, filing directly at CGIT Delhi without that notification would not be procedurally valid.

Q: Clarification on GST rate applicable to guest house food sales.

I need clarification on GST for guest house food sales. In FY 2025-26, we charged 18% GST on food as our room rents fell into both categories (below and above ₹7,500). Now, under the amendment, should we charge 5% GST for rooms below ₹7,500 and 18% GST for rooms above ₹7,500, or continue charging a flat 18% GST since we sell both room categories?

Advocate Aashansa Ann Rajeev answered
No, the split by room category is incorrect. GST on food/restaurant services isn’t decided per booking or room type; it’s decided once for the whole premises for the entire year, based on whether any room was actually sold above ₹7,500/night in the preceding FY (FY 2024-25 for FY 2025-26). If yes, the whole premises charges a flat 18% on food (their current practice, which would be correct). If no, they should be charging a flat 5% on all food, not a mix.

Q: Delhi High Court Writ – Indian Bank Repatriation/Transfer Matter

I am an SC-category officer of PSU Bank, presently working as Senior Manager (Scale-III). I am looking for an experienced Delhi High Court advocate specializing in service law, PSU bank employee matters, transfer/posting disputes and writ petitions under Article 226.I joined Indian Bank in June 2012 at Parliament Street, New Delhi. My domicile/native state is Delhi (UT)

Advocate Aashansa Ann Rajeev answered
I have apt knowledge of service law matters and have extensively worked in that department in delhi high court. Especially transfer matters that are brought in the court. Please let me know if i can further assist you