Advocate Harikrishna Pramod

Questions Answered by Advocate Harikrishna Pramod (25+ answers)

Q: Is it compulsory to attend the arbitration process referred by lok adalat judge

Recently, the judge issued a Lok Adalat notice for my case. I have some inquiries:

1. What is Lok Adalat, and what role does it play in dispute resolution?
2. Is it compulsory for the accused to attend Lok Adalat, or can they send a representative with an agreement letter?
3. Can we ignore a Lok Adalat notice, or is attendance mandatory?
4. Can the accused request to return to court before reaching a compromise?
5. What happens if the accused fails to attend Lok Adalat?
6. Can we approach another Lok Adalat in 2024 or 2025?

Advocate Harikrishna Pramod answered

Lok Adalat operates on a voluntary basis. If you choose not to attend, there is no legal obligation, and your case will continue in court from where it was left.

Additionally, if both parties agree, mediation can be an alternative. Like Lok Adalat, mediation is also voluntary, ensuring that no one is forced into a settlement.

Q: Legal action when resigned and company refuses to pay employee bonus

I joined this company on June 1st and I signed a contract in which my pay is divided into different components. one such is continuation bonus. From the contract Continuation bonus of 1,00,000 INR would be paid to the employee after completion of every six months' service at the company, if the employee is still employed by the company. I quit the company recently on 31st may making it exactly 1 year. They refused to pay me the bonus stating i am not an employee on 1st june. Do I have any legal grounds to pursue?. If so how should i pursue?

Advocate Harikrishna Pramod answered
You are entitled to the first 6 months' bonus since you continued as an employee. However, the second bonus for the 6 months may not be payable as you would be on your notice period during such time and the company is aware that you will not be continuing with it. You can sue for the 1 lakh payable after 6 months if that has not been paid.

Q: What to do when a company has sent a legal notice

I was threatened by a senior official at two occasions(once over email) while I was serving my notice period. The reason was that I had to take leave for 2 days because of medical reasons. The second time, I could not bear the unprofessional and threatening remarks(he will ruin my career etc) and opted for a premature exit(12 days before my notice period ending) after submitting the company property. What should be done if the company's legal team has sent a notice of legal action on EMAIL claiming a huge sum(45 lakhs) as compensation against not serving the notice period?

Advocate Harikrishna Pramod answered
You should respond to the legal notice and pre-emptively ensure the company does not take further action. Even if the notice period has not been served in entirety, the company is only entitled to deduct salary in lieu of such period. Replying to the notice, therefore, is important as a first step. Thereafter, depending on the steps initiated by the company, further action may be taken.