Advocate Bhanita Patowary

Questions Answered by Advocate Bhanita Patowary

Q: No full and final f&f issued

Sir/madam, I badly need a help in regards to my full and final docs from my previous company (pentaserv pvt ltd) located at 387 udyog vihar phase iv... I have served a notice period of 15days from 16th-31st may 2016 and followed the proper channel of the company but they havent issue me my f&f which left with no job till now and also hve few sum to get from them but never get it. Please suggest me what to do, I hve wrote an application abt the same but got no response and as per the norms, i should get it in 45 days but got nothing so far

Advocate Bhanita Patowary answered
To come to any solution and conclusion, I have to first check the terms and conditions of your appointment i.e the appointment letter and the letter served by you as a notice. What is the notice period? In case everything was done as per the appointment letter, you can file a case for recovery and damages against the company .

Q: Ancestral Property sold no money given to daughter

My greatgarndfather been alloted a shop by L& Do in year 1964.he expired year 1981.In year 1994 property got muted in grandfather name ( How when thers is no will?) although he got reliquesh from his two sisiter.grandfather died year 2005 without any will.My father procured reliquesmnet deed from his 2 sisiter and from 3 childern of 3rd deceased sisiter and sold the property.My father and my single brother got money in white (banking) .I am married can i claim?, Whom to claim?, how much to claim?how to claim?, which is the claim? is his a ancestral property?,how long the case would last?

Advocate Bhanita Patowary answered
yes, this is an ancestral property and you can claim. you can file a suit for declaration or a suit for means profit/damages/or dividing the share of consideration.The case may take years if disputed by your brother and father. If not, then it can get settled through mediation or court intervention.

Q: Company refusing to pay refundable security deposit

I have an agreement with company , a electricals and electronics products manufacturer and supplier company of delhi. i give him security deposit of rs 20 lakh and he assured 25% minimum guarantee of security deposit annually through franchise agreement. but after one year it refusing to pay minimum guarantee and security deposit. i also give him a notice through lawyer but there is no response. I am from rajasthan and according to agreement jurisdiction is delhi. what can i do now to avoid case filing in delhi and how can i get my security deposit.

Advocate Bhanita Patowary answered
You can file a suit for recovery and damages against the company. But you have to go with the agreement and only the courts in delhi will have the jurisdiction to adjudicate the case .In Delhi , there is a process of pre-litigation mediation. You can come to Delhi and ask for pre litigation mediation. In the same ,the other party will b e called and ask as to what is the dispute about and the mediator will try to resolve the issue out of court.If not solved in mediation, you have no option but to file a case against them.But to confirm this advice, perusal of the agreement between both the parties are required. only after going through the agreement, I can advise you better. Thanks

Q: Company recruited for lower grade and still no promotion granted

IndianOil (PSU) has recruited two different grade of officer with two different basic pay from same qualification and same GATE exam. All recruitment pattern was same and again the work defined is also same for both the grade but the pay is different. The company recruited the lower grade for only two years and then stopped it but the employee who was recruited in the lower grade are left in that grade only.Is it legally justified?

Advocate Bhanita Patowary answered
No, the same is not legal. every person who has been appointed by following all legal manner and rules are entitled for promotion and other benefits arising out of his/service period. denying promotion and other benefits on the verge of stopping the recruitment to the lower grade is not justified and illegal.