Advocate K. Sankaran

Questions Answered by Advocate K. Sankaran

Q: Am I eligible for Gratuity as per the law enacted in 1972?

WOrking in an organization which has five days work per week and as i have completed 4 years 7 months will i be eligible for gratuity as per law 1972 it says iam eligible but wanted to check with a lawyer

Advocate K. Sankaran answered
Section 4 of the Act mandates continuous service as pre requisite for eligibility to claim gratuity. Section 2A of the Act defines continuous service. It is only period interrupted on account of sickness,accident are only taken into account for including such period for eligibility.As you have rendered only 4 years 7 months you are not entitledtoclaimgratuity.

Q: Want to claim delayed payment and late delivery charges from govt

Hi I am supplier to department of employment and training In Punjab Tamilnadu Orissa Karnataka and to Orissa state industrial development corporation These people have delayed payment and it cut late delivery charges Is it possible to claim payments with interest and or refund of late delivery charges Regards

Advocate K. Sankaran answered
yes depending on facts establishing undue delay if payment conditions accepted point out that such payment is at sight of lorry receipt waybill or air freight bill. It is important to establish that no deferred payment is accepted by you. In any event before instituting appropriate action legal notice must be issued pointing out the unexplained delay and seek relief to compensate your actual loss. Sankaran

Q: Money given to a friend for another friend now not returning it back

One of my friend  is asked money in interest for his friend So I transfer the amount via internet banking for  account before 1year but he didn't return the money so why should I do?????

Advocate K. Sankaran answered
It must be established that you transferred money repayable with interest. Though no written document is available oral evidence will be acceptable if the credibility is established along with proof of payment as per requirement of I.T.Act. Before commencing action it is required to issue a legal notice demanding return of money lent with interest and costs. Sankaran

Q: Procedure for lost phone recovery from court

How to recover my phone from court?

Advocate K. Sankaran answered
The registry of the court has laid down procedure for seized mobiles for ringing in court halls when proceedings are in progress. It is also necessary to file a sworn affidavit undertaking not to commit such disturbance and offering unconditional apology for your misdemeanour. it must be prayed that no fine need be imposed as it was accidental and not wilful. Sankaran

Q: How to lodge complaint without original passbook against the bank.

I have money in nirmal krishna bank, palukal. As per reports around 500 crore os in the bank. Bank was closed 3 months before and 1. police asking to handover original passbook to lodge complaint . 2. I didn't registered complainst. I am in Chennai. My bank is in nagercoil. How to register complaint

Advocate K. Sankaran answered
has the Bank amalgamated with any other bank. In case it is so lodge compliant with the the bank which has taken over it. Fir can be lodged with any police station with available proof of deposit. Sankaran