Advocate Hitesh D Katharotiya

Questions Answered by Advocate Hitesh D Katharotiya

Q: Asked for leave or resign and no full and final done what to do now

My company has asked me to go for leave till further information Or resign . As per my appointment letter 3 months salary to be paid by either side . My handover process is also done in October month .I received my no dues certicate and also a mail about the amount of FFS to be received . After that 10 days passed but no body is responding properly . What shall i do now ? Kindly guide me please.

Advocate Hitesh D Katharotiya answered
Write a latter to the management to pay the amount of full and final settlement within a period of fifteen days otherwise cancell the resignation then after not receive the amount then cancell the resignation and join the duty and simultaneously file a complaint before the labour commissioner for payment of FFS amount

Q: Company not giving salary before serving the notice period

Hi I am working in IT industry and I singed 3 year bond. But due to not getting growth and best opportunity found. I resigned on 1-10-2018. And Company tell me to serve 2 month notice period. I am ready to serve but problem is company hold half salary of last month which is 1-09-2018 to 31-10-2018. they give me half salary and ask to serve two month notice period with half salary. After Completing 2 month notice period, they give me entire salary including last month salary. So I have to attend half salary of 3 month even if served two month notice period. Salary date is 7-10-2018. So please guide me what to do.

Advocate Hitesh D Katharotiya answered
You have to give the intimation latter regarding release the rest of salary to the management. Then after the salary not release then file a complaint before the regional labour commissioner for non payment of salary. The management has not right to withhold the salary even if the person has resigned

Q: How to claim gratuity employer denying to pay

I had served for 4 years 11 months and 22 days for company after that I have resigned form that and that time I was not aware from Gratuity payment but after 1 and half year one of colleague received gratuity from same company from which I had resigned, so I have applied for gratuity but employer rejected my application and told me that the 5 year is not completed. But according to P.G act 1972 section 2(A) my services is consider as 5 year of continues services, Please help what should I do next?

Advocate Hitesh D Katharotiya answered
You are eligible for the payment of gratuity amount because you have complicated four years full and 11 months and 22 days and judgement of supreme court on American Express is applicable to your circumstances and count the Saturday and Sunday and public holidays for count of service

Q: Clarification regarding divorce done on 100rs stamp paper

Sir, Religion - Hindu. 1. My marriage was on year-2017. 2. After three month of my marriage, I found my wife had extra material affair (adultery) with her ex boyfriend. My wife was accepted that. My Wife's boyfriend was already married. 3. I have collected evidence against this matter.( Whatsapp Chat, SMS etc) 4. I want to FIR against my wife's boyfriend but my family did not want to involve police and court matter. My family and relatives mentally pressured to me and told me that away from police and court case. 5. My marriage not registered when My divorce (after six months of marriage) done through on 100 ruppes notorized stamp paper. My question. 1. Is it valid My divorce on 100 rupees notorized stamp paper? 2. Should I FIR aggainst to my wife's boyfriend after seven months of divorce? 3. Is there valid Whatsapp chat and SMS as evidence? 4. How much law will apply against him? 5. Which type of lawyer help me?

Advocate Hitesh D Katharotiya answered
First of all you have signed the divorce papers so that you are now divorcy and have no any specific rights to your ex wife. If you are covered the cast of Brahman. Rajput. Vania lohana then court order are compulsory. So the divorcedeed made in 100 Rupees stamp and registered with motorized is not valid so have right to do all steps which you want. You have to engage legal practitioner lawyer who handle the family court

Q: How can i get custody of my girlfriend

I am 19 year old boy i am well settled and i love a girl her age is 19 year. Bt i want to protect her from her family because they putting pressure on her for marriage. I want protect her and i want to live with her without marriage till i turned 21. What should i do ? I want her custody. And i want to live with her

Advocate Hitesh D Katharotiya answered
For the marriage you have to complete the age of 21 years compulsory. Now if you want live with your girlfriend /lover then you may do an agreement live in relation and registered it. For any agreement 18 years of age require so you are eligible for contract and when you attend the age of 21 years then marry with her