Advocate Lakshay Adlakha

Questions Answered by Advocate Lakshay Adlakha (25+ answers)

Q: RC transfer pending after sale of used car – consumer or civil remedy?

I sold my car to Cars24 in Gurugram about 4 years ago & handed over the vehicle & documents. The RC is still in my name. A legal notice served about 2 years ago, but the matter remains unresolved. I also informed the RTO & police regarding the continued non-transfer of the RC & filed consumer grievance few weeks ago. Cars24 continues to mention in progress. Current possessor identified but is not cooperative. What are my next action plan possible?

Advocate Lakshay Adlakha answered
Submit written intimation to RTO and move forward with Consumer Case and Civil Suit for specific performance. The action should have been taken earlier and make current owner of the vehicle party to the suit as well.

Q: Clarification regarding Retrenchment Compensation

My company is small startup with employees count as total 10 in India and it is subsidiary of US company. Last month I (Position - Testing Lead ) got laid off giving one month notice (as mentioned in my offer letter )providing the reason of restructuring. As part of FnF , only last month salary was paid , no other compensation was added. As per indian labour laws I believe I am entitled to retrenchment compensation along with new 'Workers Re Skilling Fund' pay based on my tenure. Please confirm.

Advocate Lakshay Adlakha answered
Retrenchment Compensation would be dependent on nature of your duties. Given the name of your position, you might be holding a supervisory role which would disqualify you from any retrenchment compensation unless provided in your offer letter. It is still possible to prove you are eligible for the said compensation, it would entirely depends on nature of your responsibilities and tenure of your employment.

Q: Non receipt of December 2025 salary and FNF

I haven't receive my FNF even after successfully Completing my notice period and also followed all the exit formalities and after repeated inquiries also, it won't release my salary.

Advocate Lakshay Adlakha answered
Your first step is to send a formal demand email. If unanswered or vaguely answered, you need to send a legal notice through an attorney and the proceed with file a recovery suit or Labour Commissioner based on the nature of your work and position.

Q: Full and Final Amount not settled

There was a company, Merapashu360 Pvt. Ltd.I was employed their for 2 and half year, I left the company on 21 june 2024, but my FnF is still not cleared. Also company was in financial cruntch so they didn't pay the full salary when I was employed there for many months, so FnF amount is huge. After my exit from the company, they pay me some amount after sometime (Monthly Payment of FnF) they stopping paying and now my 7 Lakh is there for payment. I want to get this money.Thanks for your help.

Advocate Lakshay Adlakha answered
Your first step is to send a formal demand email. If unanswered or vaguely answered, you need to send a legal notice through an attorney and the proceed with file a recovery suit or Labour Commissioner based on the nature of your work and position.

Q: Clarification Regarding Gratuity and Pending Salary

I worked as a contractual Art Teacher in my previous school for 6.4 years. During this entire period, I was never given any salary slips, so I did not have clarity about my basic pay or Dearness Allowance (D.A.).After I left the school and despite many follow-ups, my gratuity was calculated after almost one year. The calculation was done based on figures decided by the school. Since no salary structure was ever shared with me, I would like to understand how the basic pay and D.A. were decided for gratuity calculation.During the COVID period, only half salary was paid. After one year, the remaining half salary was paid to most staff members. However, co-scholastic staff were given only 4 months of pending salary, and the remaining 8 months were denied, stating they were not eligible. Later, on the day I was called for the gratuity process, I was told that the remaining pending salary would also be paid.I am seeking clarity and a fair resolution on these matters.

Advocate Lakshay Adlakha answered
Gratuity is calculated based on the Last drawn salary (basic and DA). COVID- reduced salary is not considered for gratuity calculation, rather the full last drawn salary. Further the missing 8 months salary is legally unsustainable if the school was functioning even online. The fact that they offered the pending salary during that period is an admission of the debt. Since you lack salary slips, you bank account statements wre your best evidence and the employment contract with details of your salary breakdown. other than that you need to demand the computation records of gratuity and salary slip from the school through a legal notice. and you can file Form I under the Gratuity Act with your employer. if they still refuse to give you the clarity on the matter, you can approach the Labour Commissioner with the requisite application.