Advocate Ali Jibran Siddiqui

Questions Answered by Advocate Ali Jibran Siddiqui

Q: Want to file a case against an advocate filing false case

Hamara cace ek advocate k against chal raha hai jo humlogo par farji loot paat ka cace kar ke paisa mang raha tha us k against humlogo ne cross cace Kiya hai.ab woh bar council k members se dhamki dilwa raha hai cace wapas lene ko aise me kya karna chahiye

Advocate Ali Jibran Siddiqui answered
aap ka case jo bhi wakeel sahab dekh rahe hain wo zyada ache se samjh rahe hongay k kya kerna chahiye. wo aap ko jaisa batai waisa keriye. Bar council ka koi bhi member aysa kam nahi kere ga aap ko dhamki koi or he raha hoga ye bhi ho saqta hai. apne wakeel se baat kere or ghabrai nahi.dhaynewaad

Q: Previous criminal record for gambling affect job in private company

Does chriminal record as like gambling act affect the private job in any company

Advocate Ali Jibran Siddiqui answered
Yes a criminal record is a ground of disqualification and will hinder the eligibility criteria. But it may be considered by Public and Private sectors as per their terms and policies. However, appointment cannot be claimed as a Right.

Q: Pregnant women asked to leave company citing redundancy of profile

Hi My sister-in law joined an company in aug 2017. She was hired to work for a client of the company at the clients location. 5 Months in the job she verbally informed her manager abt her pregnancy and in Jan 2018 , the client and her own company chucked her out of the job stating that her job profile has become redundant. The company had hired 3 more people for the same role who joined prior to my sister-in-law. But, they have not been asked to leave the company. According to her offer letter the company should give 2 months notice period before firing an employee. But the company gave her just 15 days. At the time of joining she was told that she is covered under the medical insurance worth 100000inr. She was not given a medical card during her tenure. Can my sister-in law file a case in the labour court? She had given verbal communication abt pregnancy.

Advocate Ali Jibran Siddiqui answered
Generally the terms of termination in contracts do mention that the Company can terminate an employee on the basis of any misconduct or unauthorized absent and any other terms/policies decided by them which also includes that if the employer will be terminating any employee a one/two months prior notice would be served or would take effect immediately. These policies are solely decided by the company itself.If your contract mentions termination has to be done by providing a two months prior notice before terminating the employee then you are at will to file a case against the company.

Q: Convicted for Jua Act previously now want to apply for Govt. job

Jua act me court se convict kiya gya hu jisme 100 or 200 fine lga hai .mere charcter pr kya effect hoga .kya main govt job k liye apply kar skta hu

Advocate Ali Jibran Siddiqui answered
Since you have been convicted under the Public Gambling Act with fine it is already deemed to be disqualification for 'employment' as offences for breach of laws like prohibition, gambling, etc., are considered as punishable under Article 311 of the Constitution. It has been decided in many cases that a candidate with a known record of conviction need not be appointed. He may however be considered but one cannot claim appointment as a Right.

Q: Can employer take action against employee who came back from maternity

I need to ask what action can the employer take against an employee who hasn't resumed her office after availing complete 26 weeks of maternity benefit . If there's any action, then please mention the section/sub section of the concerned act where the same has been mentioned.

Advocate Ali Jibran Siddiqui answered
If an employee remains absent from duty for a period of 8 consecutive days, or fails to resume duty within 8 days of the expiry of the leave originally granted or subsequently extended (i.e. Maternity Leave), the person may be liable for disciplinary action which may even attract termination. This may however vary as every Company, Organization, etc has its own sets of rules and policies.