Advocate Megha Kain

Questions Answered by Advocate Megha Kain (50+ answers)

Q: What to do if company is not accepting resignation in india

My name is [Name], and I was working with a Pvt. Ltd. company for 1.7 years. As per my appointment letter, I was supposed to be confirmed after 6 months, but the company did not confirm my employment even after 1.5 years. They also did not give me any salary hike during this time.

I tried to resign twice, but each time my resignation was not accepted by the employer. They forced me to stay in the organization. Finally, after 1.7 years, I resigned again, but the company is not accepting my resignation and has not provided me with a relieving letter or experience certificate.

Additionally, the company has not paid me my pending salary for 37 days. I want to know: can I file a police complaint or legal case to recover my salary?

In the appointment letter, there is a clause saying that I must work for 2 years, or else pay one month’s gross salary. However, this condition is only mentioned in the appointment letter — I have not signed any bond or agreement on stamp paper. Kindly advise whether I can take legal action against the company, especially since:

• My resignation is not accepted by the employer
• I haven't received my pending salary
• I have not received relieving documents
• I was not confirmed even after 1.5 years
• I haven’t signed any legal bond

Advocate Megha Kain answered
You should first check if your offer letter or appointment letter mentions anything about the resignation process, termination, or a minimum lock-in period of service. If there is no such clause, you have every right to proceed with your resignation.

You can send a reminder email to the company, clearly stating your intention to resign and requesting them to nominate someone to take over your responsibilities.

In your reminder, you may also mention that if the company does not respond within a reasonable time, your resignation will be considered effective from the date mentioned in your resignation letter, and you will be relieved from all duties and responsibilities. Also, clarify that any delay or non-response will be treated as the company’s own risk and responsibility.

Q: can employer reject resignation india what are the legalities

can an employer reject a resignation ? What are the legal implications if an employer rejects an employee's resignation?

Advocate Megha Kain answered
Just wanted to know if they have mentioned anything in your offer letter regarding resignation or termination, i.e concerning the minimum lock in period for service . If not then you may send a reminder to the company also with a clear mention to nominate a person to take over your charge. You can also mention in your reminder that if no response is received, the resignation would be treated as effective to be relieved of the responsibilities of the company from the due date of resignation at the risk and responsibility of the company, itself.

Q: can i drive yellow board car with lmv license

i am having regular LMV license can i drive taxi with lmv driving license. i read in newspaper that high count of delhi allowed regular LMV license holder to drive commercial vehicle. please check and confirm

Advocate Megha Kain answered
The driver driving a public transport vehicle is different from driving his own car. A person holding a licence to drive private vehicle alone will not be eligible drive a cab or a taxi, for which he needs to obtain permit which will be issued for three years renewable. Conditions to apply for a commercial license are below.1. First, you should obtain a license for private car (non-transport).2. You should wait atleast a year to apply for commercial license.3. Minimum qualification for commercial license is 8th standard and you should be able to read and write.4. First you have to apply for LL (Just a signature. No signal test) which will have 6 months validity.5. After 30 days (minimum) you can go for the driving test.

Q: What to do a case has been filled under 7 PC Act

My father has been arrested while allegedly taking bribe under 7 PC Act. A search operation was also carried at my home where they seized some Passbooks, KVPs etc. CBI has already filed chargesheet 10-12 days back under section 7, 13(1)(d) and 13(2). Can they still file a Disproportionate assets case against us? If yes, till when can they do that? Also, when can we get those seized documents back? Some documents were of my grandfather also who live with us. Thanks for the help.

Advocate Megha Kain answered
Dear querist, since section 7 of pc act applies to a public servant who accepts or obtains or agrees to accept or attempts to obtain feom any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbering to show, in the exercise of his official functions, favour or disfavour to any person or for rendering ....For this provision the maximum punishment is 5 years if the guilt is proved.If the documents have been seized by the CBI, then it forms the part of case record and same cannot be released without the permission of the court. In your father's case, you need to take legal opinion which is not possible without perusing the FiR/ complaint, chargesheet etc. It is advisable to have a personal meeting for the matter concerned.Thanks & Regards.

Q: Filed a complaint regarding robbery at my home and now received notice

I had filed a complaint in 2015 regarding robbery at my home and have received a notice from court to be present there . Can you explain why and what can be the cause.

Advocate Megha Kain answered
Dear Querist, as explained you had filed a criminal complaint for robbery at your place. The Court secures the presence of the complaint and the accused for the judicial proceedings. Since you have not mentioned what has been the fate of your case so far, it is better to have a discussion of the same. Thanks & Regards.