Advocate Harish Chandra Yati

Questions Answered by Advocate Harish Chandra Yati

Q: What action can i take if my previous company is not giving my salary

My previous company is not giving my salary

Advocate Harish Chandra Yati answered
Dear Sir, Full Bench of Madhya Pradesh High Court today, in Jonathan Allen Vs Zoom Developers Private Limited held that unpaid wages/salary of the workman/employee is a “debt” to be paid by the Company. Bench comprising of the Chief Justice A.M. Khanwilkar, Justices ShantanuKemkar and J.K.Maheshwari held that the employee of the Company has locus to file company Petition in respect of his unpaid wages/salary and emoluments, as having been filed by a creditor of the Company.You may sue the company u/s 433(e) of the Company Act. Read more at: http://www.livelaw.in/unpaid-wagessalary-of-the-workmanemployee-is-a-debt-to-be-paid-by-the-company-within-the-meaning-of-companies-act-mp-high-court-full-bench-read-jt/

Q: I lost cheque signed by me someone filed cheque bounce case

dear sir I have lost my cheque that is filled only amount of 32000 and sign by me it is incident of Jan now in Nov I received a call of some one says that it cheque is bounced and I m going to court or u pay me 15000.i lodge a computerised f I r same day and date mentioned on of Jan month. Now what can I do.. bank are not working any other work else cash work. Plz provide me soln.

Advocate Harish Chandra Yati answered
Dear Sir, if you have lodge a computerized FIR on the same day , then you need not worry. The individual who has called you is a fraudster and he wants to extort money from you . You need not be scared at all. Rather you may lodge a counter complaint against him with the police. Regards.

Q: Worker left without information what action can i take

The worker has left the job on his own without intimating me and now demands compensation, pls advice,

Advocate Harish Chandra Yati answered
Dear Sir, Did you issue any appointment letter to him ? If so whether there were any terms and conditions in the appointment letter ? Please let me know the above facts, then only I would be able to advise you properly. Regards..

Q: Stolen company's private data what are the consequences

ek mera friend h vo it company pvt ltd m kaam karta tha vo company m project churate hue pakda gaya ab company us par kya kya case kar sakti h or vo usse kaise bach sakta h

Advocate Harish Chandra Yati answered
It depends upon the company as how seriously it takes up the matter. From departmental to the registration of criminal case action under the relevant sections of Information and Technology Act 2000, the company may take any action. However you and your friend are advised to meet me or any other suitable lawyer and discuss the matter. Regards

Q: Terminated from job without reason and no gratuity given

Respected Sir/Madam,I was working in School in Paharganj,  as a accountant from 04/07/2011. My total salary is 16278/- and salary breakup is Basic Pay :- 12662D.A:- 2816A.D.A:-800Total :-16278/-I request to you that please guide me that what is my gratuity amount as per rules of govt. of India. I am also know that what I claim from school on tremination from my job without any reason and notice period. Please help me now I am jobless. Please reply asap. Regards, 

Advocate Harish Chandra Yati answered
Dear Sir, As per the provisions of the section 4(1) of the Payment of Gratuity Act 1972, (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. However as per the provisions of the sub section (6) of the same Act Notwithstanding anything contained in sub-section (i), (a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused. (b) the gratuity payable to an employee 1[may be wholly or partially forfeited (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part; or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment. In your query you have not mentioned as to on what grounds your services were terminated. If it is illegal and malafide, you may take my help at a very reasonable cost.