Advocate Ganesh Kadam

Questions Answered by Advocate Ganesh Kadam

Q: Wife not returning to matrimonial home & forcing to file for divorce

My wife have not returned to me since last 7 months from her mother's place. And when she was with us she was torturing my family so that we will ask for divorce and she can make some money out of it. Now she has not returned and maintaining records of expenses so that she can claim.. And we don't have any child

Advocate Ganesh Kadam answered
1) If she is working women she wont be entitled for alimony.2) If your marriage is happened in the less than 1 year, than you can go for annulment of marriage.3) otherwise you can file divorce or mutual consent divorce.

Q: Minimum age required to adopt a child in India for a single parent

What is the minimum age (single parent) required to adopt a child in India?

Advocate Ganesh Kadam answered
1) A minimum age difference of 21 years between the single mother and the adopted child is required if they're of opposite sexes. – A single parent should be between 30 – 45 years in age if she wishes to adopt a child in the age group of 0-3 years. The upper limit for a child older than 3 years is 50.2) The consent of both the spouses for the adoption shall be required, in case of a married couple; a single female can adopt a child of any gender; a single male shall not be eligible to adopt a girl child; No child shall be given in adoption to a couple unless they have at least two years of stable marital relationship.

Q: Gratuity - different weekly working days in organisation

Date of joining Organization: 19th December 2013 Last working day: 17th July 2018 About working days in week: In my current organization there are different weekly off groups. Groups are like following 1. Group A: 5 working days a week 2. Group B: 5.5 working days a week 3. Group C: 6 working days a week In my whole tenure with this organization have worked in ‘5 working days a week’ group. However, organization has declined for gratuity saying that organization has 6 days working policy so I fall into section 2A (2)(a)(ii) of gratuity act so I am not eligible. My argument is I fall into 2A(2)(a)(i) of gratuity act as I have been assigned to group A. Following organisation policy/documents support my 5 days working argument, 1. Leave Policy 2. Daily Timesheet shows Saturday/Sunday as weekly off Kindly advise.

Advocate Ganesh Kadam answered
1) You are entitled for gratuity as you have worked continuesly 5 years. So the policy of 5 days a week, but you have to check how many hours worked on weekly basis.2) Gratuity payment is a lump sum that your company will pay you as an acknowledgement of your loyalty to the company. Naturally, gratuity becomes payable only after you have spent a certain number of years with the company. You will receive this benefit either at the time of retirement or when you resign from employment. Let us take a look at how gratuity benefit is paid.There are two conditions that must be satisfied in order to be eligible to get your gratuity benefit:The company you work at has a minimum of 10 people on its payroll, i.e., at least 10 employees receiving salaries from the organisation. Note that people on contract are not considered.You have completed at least 5 years with the organisation. If an employee dies during the tenure of his employment, the 5-year rule is relaxed. So, even if such an employee’s period of service is as little as 1 year, he/she will be eligible to receive gratuity if the first condition is met.

Q: Can a worker be compelled to join the existing union

CAN WORKER COMPELLED TO JOIN THE EXITING UNION ?

Advocate Ganesh Kadam answered
Its not compulsory to join the existing union. It depends upon employees to join or not, however you will not entitled to union benefits than. Please read MOU between employer and employees benefits agreement.

Q: Salary cheque stopped by the employer

My company terminated my service and gave me 10 days in advance full month salary cheque and I was not expected to come till the last day of month.I presented the cheque to bank and it returned back with reason Stopped by drawer. HR dept issue me a warning that i have breached the non disclosure agreement and unless i tender a written apology my cheque will be stopped for payment. A copy of non disclosure agreement not given to me. Under what section i can get the payment back and along . Can breaching of Non Disclosure hamper my salary payment. Please advice course of action.

Advocate Ganesh Kadam answered
Yes, under what circumstances you had breached the NDA, you should ask the elaboration of the NDA plus reason.First, give them normal application and ask them all reasons regarding stop payment, try to avoid any legal fighting it will be great if you sort it out by open talk with HR and operation manager.