Advocate Gyanendra Swarup

Questions Answered by Advocate Gyanendra Swarup

Q: Employer winding up the company can I claim for compensastion

i am working in a pvt. ltd. publishing company for the last 18 years , but now my employer wants to change his business and he said that he does not need my services anymore , as now i am 42 yrs of age and i dont know whether i will find a same job or a better job at this stage. so please tell me that can i ask my employer for a compensation, as the firm is a pvt ltd. but my employer has not any pf account or salary account of his any employee. we were getting our salaries through cash on a rough copy only for the last 18 years.

Advocate Gyanendra Swarup answered
No employer can retrench their employees with out following the due procedure of law as mentioned in the Industrial Dispute Act, and other applicable laws. You can approach to labour court for reinstatement if he had retrenched you.And if he retrenched than in those condition you are entitled for compensation towards illegal retrenchment.

Q: Husband not ready to register the marriage how can we proceed

My sister recently got married in Feb'16 to a divorced man. He already have a 7 yrs old daugther with his custody. Marriage took place in a guruduwara in boy’s city in Delhi.Soon after the marriage her inlaws(mother & sisters) started to dominate her & created domestic problems.They told my parents to take her back. My parents & brother tried to mediate the situation and things are in little control now. Now Issuee is ::My sister & parents have several times talked with Groom to register the marriage legally but he is not initiating the process. What steps we could take in this situation?

Advocate Gyanendra Swarup answered
The registration of marriage is not mandatory under the law of India. As you informed that your marriage took place in gurudwara in the presence of some witness than no body can denied and your sister is legally wedded wife in eye of law. On the other hand even than your sister want registration of marriage than she may approach to civil court for same.

Q: Company not releasing salary what action can I take

my sister's salary ,my sister namely sapna sharma n she is working last 6 months n her monthly salary is 13000/- Her boss stoped salary every month as follows:- Jan- 3000/- (stop amount) Feb - 3000/-(stop amount) March - 15000 - full salary stop Plz i request u to look into the matter asap...

Advocate Gyanendra Swarup answered
Dear, No employer can hold the salary of its employee unless logical reason assigned / explained to employee. Here you may send first demand for unreleased salary to employer and in case of failure in response from employer engage any advocate t send legal notice thereafter lodged a complaint before local labour office if employee is not on managerial post. Hope it will clarify your quarry.