Advocate Megha Kain

Questions Answered by Advocate Megha Kain

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

My Name is I was working with PVT Ltd company. But after 1.5 yr company has not confirmed me, actually they have to confirm me after six month from the date of Joining but they have not confirm me & not increase my salary, I resign two time but they have not accepted the same and force me to retian in organization after 1.7 year I have resign but resignation not accepted by employer and not provided me the reliving letter and document also they have not provided me salary for 37 day's can file the police case to get the salary. In appointment letter they have mention that I have to work for 2year otherwise I have pay one month gross salary to the company. but this clause is only on appointment letter, I have not sign any bond or not on any stamp papar. Request you to kindly advise can I file the case against the company.

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: What to do if company is not accepting my resignation

My Name is I was working with PVT Ltd company. But after 1.5 yr company has not confirmed me, actually they have to confirm me after six month from the date of Joining but they have not confirm me & not increase my salary, I resign two time but they have not accepted the same and force me to retian in organization after 1.7 year I have resign but they have not accepted my resignation and not provided me the reliving letter and document also they have not provided me salary for 37 day's can file the police case to get the salary. In appointment letter they have mention that I have to work for 2year otherwise I have pay one month gross salary to the company. but this clause is only on appointment letter, I have not sign any bond or not on any stamp papar. Request you to kindly advise can I file the case against the company.

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 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.