Advocate Chaitanya Torgal

Questions Answered by Advocate Chaitanya Torgal

Q: Company not paying increment serving notice period what to do

I am working with one reputed hotel.i have given resign on 28th of July as per company rule right now im working on notice period of 30 days, company didn't pay increment since April that was on hold, now all current employees got increment expect me, when i asked them about my incriminate they told me as you have already given resign that is why your not liable for the increment ... is it true?

Advocate Chaitanya Torgal answered
Dear Client,You have to see what is the date of the increment . Normally increment is for the previous year. If you have not got increment , you can file an application under Sec 33 (c) (2) of the IDA 1947 before Labour Court having competent jurisdiction.

Q: Termination of service with short notice how to claim for damages

I am working as a Head Supply Chain in one Pvt organisation. Now i have completed 14 months, my probation was 6 months, I have not got confirmation after 6 months. At the time of interview they told me that it's profit making co, but after joining i came to know that company in heavy loss. As per my appointment letter, 1 Month notice period before confirmation and 3 months notice period after confirmation. Now they forcing me to leave organisation without notice period. For what notice period now i entitle?

Advocate Chaitanya Torgal answered
Dear Client,You will have to mention in the resignation letter that the same is given as per the directions of the Co otherwise the Co will be at a liberty to take appropriate action against you as per the clauses of the appointment letter. The terms of appointment letter is not clarified by you so no clear view can be given in this matter.Regards,

Q: Previous employer not giving experience letter and relieving letter

I Worked in MNC through 3rd party employer from OCT 2015 to June 2015.. employer send mail in the month of may 2015 to find a job as he is not able to find a job for me in HYD as he lost the current project. After that i joined in the same MNC through another employer. Now previous employer not giving experience letter and revealing letter. What i need to do ?

Advocate Chaitanya Torgal answered
Dear Client,You have not given exact details of your designation and nature of duties. However presuming that you fall within the category of workman under Sec 2 (s) of the IDA, we will have to challenge the action of the management before the Hon'ble Industrial/Labour Court.

Q: CGIT award declared on my name how to claim that legally

The CGIT Mumbai has published the Award in the Gazette and it is in my favour. My question is : how the award will be implemented and within what period and if not ? Please give the procedure in detail. Can the employer appeal in High Court against the award?. 

Advocate Chaitanya Torgal answered
Dear Client,You can get the said award implemented by going for recovery before the same Court. As you have not mentioned the details of the award, I am not in a position to give you precise advise on the same. The employer can challenge the merits of the original award before the Hon'ble High Court within reasonable time.Regards,

Q: How to deal with dismissal without notice

I joined SBI as clerk in January 2011. In January 2015 I am suspended after my arrest by the police in case of fraudulent payment of cheque. Police filed Charge Sheet in the honourable Court in March 2015 and the case is still pending in the honourable Court. In September 2016 departmental enquiry is initiated against me and in may 2017 I am dismissed by the BANK. Bank accepted all police documents as it is true without any confirmation of witnesses in the departmental enquiry. What should I do against this bank decision. I should file a case against bank immediately or wait for criminal case decision by the hon. court and then file a case against bank decision. In which court this case would be filed. Please guide me.

Advocate Chaitanya Torgal answered
Dear client , you can raise an industrial dispute before central govt commissioner of labour and challenge the termination in case of failure for conciliation. The bank ought to have conducted a departmental enquiry to give you an opportunity to defend yourself against the charges levelled in the Chargesheet . We also need to check the rules of the SBI. The said advice is provided as per the limited information provided by you and the same shall be only confirmed after perusal of documents