Advocate Ashima Pandey

Questions Answered by Advocate Ashima Pandey

Q: What if there was no communication regarding the pointer

Hi, My name is Alankar Pandey, working in BPO Industry Teleperformance. I have been mentally and economically tortured by the organization I'm working for. My inhand Salary is 20,000/- including Performance Linked Incentives which is 2000. We have a tool from where we are pitching the survey to the customers for our service after closing the case. So, what happened last, one day a team lead asked me to give pointer( if you will get pointer, you will not be eligible for PLI, means 2000 flat diduction from the salay for 3 monts, which is again a new rule) for survey avoidance as I did not selected appropriate disposition due to which survey to the customer did not sent. I did not do this intensely, that was a tool issues, but they are not ready to listion any thing. There were no communication earlier that if you will get pointer is you will not be getting PLI for next 3 months. Now, 2000 means a lot for me, I have taken the loan which I need to repay ASAP. Please help me!

Advocate Ashima Pandey answered
Hello Mr. Pandey,In response to your query, first of all you need to talk to your employers clearly on the issue before jumping into any kind of litigation. further, if it doesn't work you can file a suit either under the payment of wages Act or Industrial disputes Act, which provides for recovery of claims arising due to any deductions and recovery of any benefit due from the employer, respectively. Also, the contract you signed has to be considered. Meaning the claim you are making should be your pre-existing right.Thank you!Regards,Adv. Ashima Pandey

Q: Job on compassionate grounds denied by department for no vacancy

Sir my father expired 1/sep/2017 but the department after 9 month not give me job they said that there is no vacant post available right now....So sir what I do so that I can get the job as soon as possible..

Advocate Ashima Pandey answered
Dear concerned,The department has all the right to refuse appointment due to non-availability of vacancy. Only 5% of total vacancies can be given for compassionate appointment. However, you can file and RTI to know about the total vacancies available to verify if there are really no vacancies.

Q: What to do if the employer is not following the order of the court

we get stay on our transfer from high court indore on 03/05/2018 but till date employer not giving joining to us we meet with employer but they says that they will going to supreme court . but due to summer vacation in supreme court they will go in month of july and says that we not allow you to come in company.what can we do? pls. help us.

Advocate Ashima Pandey answered
Dear Concerned,You should have filed a contempt before the vacations instead of waiting for them to file appeal in Supreme Court. According to circular of the supreme court, transfer matters are not considered as urgent matters and hence cant be heard during vacations. But since appeal is no ground for non compliance, you can file the contempt now and show the gravity of the matter that how you much loss you are undergoing due to the non-compliance. Thank you!Regards,Ashima Pandey

Q: Can a false 420 case affect my selection in government job

Sir other party registered a case against me through court in property case in 420 the investigation done by police and find that allegations are false and the F.I.R is quased by police but the final verdict of court is not given ......is this aafect my new government job ....no allegations are found true against me.....

Advocate Ashima Pandey answered
Dear Concerned,Though it depends upon the rules which govern the particular job post you are holding, but generally the employer do not consider an employee who has criminal proceedings pending against them. You can try to get the proceedings quashed as soon as possible if the police has already found the allegations false.Regards.

Q: What to do if employer is saying that they will do FNF after 2 months

sir, main as a sales manager rs. 26000 ki salary per karyrat hoo, mera employer pvt. ltd. company hai aur mujhe terminate karna chah rahe hai kyonki mera product division wind up kar diya hai...6 saal ki job ho gayi hai meri yaha per.... agar mujhe terminate kiya toh yaha yeh kehte hai ki meri salary aur gratuity sab 2-3 mahine baad full and final me milegi....waise hi meri salary 2-2 mahine me mil rahi hai......agar ekaek mujhe terminate kiya toh meri sari salary bhi hold kar lenge yaha...aur kahenge ki sab full and final ke samay hi milege..... abhi koi dusara job bhi nahi hai.....sab kehte hai ki rs. 26000 ki salary pane wala labor law me bhi nahi aata.... mein kya karoon...?? please suggest

Advocate Ashima Pandey answered
Hello,Since you are working on a salary above Rs. 10,000, you do not fall under the category of 'workman', therefore, you cannot approach the labour Court. Agar aapko lagta hai ki aap kisi dusre division mei kaam kar sakte hain or fir bhi aapko mauka nahi diya ja raha apna paksh bolne ke liye, toh ye improper termination hai . baki aapke contract ke hisaab se kya kya grounds pe terminations ho sakte hain ye aapko dekhna hoga . agar ye improper termination hai toh aap iske khilaaf civil court mei case file kar sakte hain.