Advocate Mayank Sapre

Questions Answered by Advocate Mayank Sapre

Q: appeal against order of sessions court of allowing Revision Petition

I filed criminal case against 4 accused, out of which two accused filed a revision petition against the trial court's order of issuing summons to them. The sessions court allowed the revision petition and set aside the order of trial court and two of the accused got their names removed from the trial. I want to know that can I appeal against the sessions court order in which they have allowed the revision petition. Will it be possible to get the names of the two of the accused again included in the trial. To which court should I go for appealing? What is the procedure for filing an appeal against revision order in this context?

Advocate Mayank Sapre answered
Dear Sir, you have to file your case before the high court against.the judgement of the sessions court. Ait appears from the fact of your case, there has to be a basis on which the accused names were removed by the sessions court, for not including their names,.if.sufficient evidence or a prima.facie case appears against.them.

Q: How to apply Labour court for agents against Pvt Security company

Sir , mujhe Labour court me Pvt. Security company ke khilaf complaints karna chahta hu kyo ki us ne hame Abhi mere salary ka pura paisa nahi de Raha hai. Main iske liye kaise kya Karu kuch samajh me nahi aaya Raha hai. So please help me

Advocate Mayank Sapre answered
Dear Sir, You can file your case in the labour court on the basis of your employment contract with the company. It will include the amount as your salary and other things such as employment conditions. We wI'll require to see your documents.

Q: Whether company can charge training and negative verification cost

I worked for a company in delhi for one and a half month. They found my documents negetively verified, then i made the corrections and made it verified positively. After that they told me to resign, i did and they did not pay me any salary for that month. Now they are demanding 50k on the basis of trainings cost and negative verification cost.

Advocate Mayank Sapre answered
The termination notice addressed to you should be in consonance to your employment contract which you might have signed at.the time of taking up the job. If under any clause it is stipulated that you will be provided a month's salary on being terminated, then in such case, you are.entitled to receive it, and your termination flowing out of the contractual terms must adhere it. The other issue being asking 50 thousand from you appears to be a ransom more than a just cause. Calculating it from the above mentioned facts, it doesn't appear to be coming out of your contract. For details, we.need to see.your employment contract and the.documents under which they are asking 50 thousand.

Q: Illegal termination of employee by employer

I am Jaspreet Kaur, used to be a technical Trainee in digital India corporation. I was on contract for one year. But my contract had been extended year by year till 3rd May 2018. I joined this organisation on 4th nov 2013. I want to ask what are my legal rights . I am mother of 14 months kid. I asked creche facility from my organisation but in response I got reliving letter . So can anybody help. The organisation is saying we can’t help it , it was a temporary job so u r relieved.they have not giving even notice to me. I worked there around four and a half years .On 3rd may I got a releving letter without notice for one month. Which comes under my contract. Thanks for the help in advance.

Advocate Mayank Sapre answered
Dear Jaspreet,It is important to note that though you worked as a temporary employee in the DCI, you have substantial rights insofar your employment contract is concerned. There are various options available to you for pursuing your case at hand; Firstly, being an employee of DCI, which is a state (by state We mean a Govt. corporation) under article 12 of the constitution and is , therefore, under the Writ jurisdiction of Article 226/227 of the Constitution of India. Your termination without a notice is certainly bad in law and otherwise. You would also have certain other rights as entailed in your employment contract and termination with a proper notice beforehand is one of them. You may approach labour court also given the fact that your employment contract needs to be seen. However, DCI being a government corporation you can approach High Court in a writ jurisdiction.

Q: Want to apply for bail session court dismissed bail under POSCO act

in pocso act 6 bail is possible if session court dismiss the bail and accused in jail more than 3 month

Advocate Mayank Sapre answered
You may approach High Court for grant of bail in case you are not booked for grave offences under POCSO Act. Please note that the mechanism of this Act is strict and depends on facts and circumstances of the particular case. However, if you are booked for grave offences under POCSO Act then your chances of getting a bail from HC is almost nil.