Advocate Nikhil Dhawan

Questions Answered by Advocate Nikhil Dhawan

Q: What to do if salary has not been credited since 3 months

I,AM AN ACCOUNTANT IN A PVT. LTD. ON SALARY BASIS @ 50,000/-P.M. BUT I REGRET TO SAY THAT MY SALARY HAS NOT BEEN RECEIVED FROM 3 MONTH i.e. JAN., FEB. & MAR.2018 DUE FINANCIAL CRISES. WHAT SHOULD I DO , SIR, I AM EMPLOYED HERE SINCE 22nd april 2002. waiting answer you all, thankyou .

Advocate Nikhil Dhawan answered
Read your employment agreement carefully. If it doesn't talk about notice period from employee, send your employer a legal notice asking for salary by registered post. If he doesn't provide you with a reply within 15 days of legal notice, file a summary suit under order 37 CPC.

Q: Want to know is GST applicable in private hostel business

HI SIR, We are a Private LTD company based in gurgaon. we are running a Pvt Hostel and providing Boarding & Lodging services to the students of another company who is running a Govt Funded skill development program. we are charging a Rent of Rs. 7000 Per month/per student to that skill development company. do we need to charge GST on our Bill thanks

Advocate Nikhil Dhawan answered
Yes, When you are providing services to any company whether private or Government, you need to add Goods and Service Tax to your bill subsequently in the hostel service the GST is 5% as Skill development is their mode of operation and your mode of operation is hostel service.

Q: Wrongfully terminated and not paid gratuity by company

Hi, Need help. I was working in a IT company. Company has around 25 employees. I got terminated recently due to not performing particular tasks (as per management). Now would like to get gratuity from the company for my services. I have offer letter, current salary slips and relieving letter. How should I ask for my gratuity.

Advocate Nikhil Dhawan answered
Read your employment agreement carefully. If it doesn't talk about notice period from employee, send your employer a legal notice asking for gratuity by registered post. If he doesn't provide you with a reply within 15 days of legal notice, file a Summary suit under order 37 of cpc.

Q: Re- opening labour case already decreed in the Supreme Court

A Labaur Case Was Giving its Final Judgment By Supreme Court In 2007 , Can it be Re Open Again In S.C. if The Labaurs Gives the proof that Some of Most Crucial Documents Were Removed Intentionally From The Supreme Courts Main files . Just to Loose The case For the Labours.

Advocate Nikhil Dhawan answered
Yes, the supreme court in its inherit powers may allow a curative petition wherein if the appellant successfully satisfies the court that there was a miscarriage of justice therefore with reference to principles of natural justice the court if satisfied may entertain a closed case.

Q: Remedy as vehicle purchased already sold to another person before

2 years after purchase of activa, i found on official records through activa service centre that the activa was sold to someone prior too. though the registration is in my name, but it clearly shows that the vehicle was sold 6 months earlier to someone else. can i hook in the head office because primarily they told me that the activa is new when i had doubts?

Advocate Nikhil Dhawan answered
Yes, the simplest way in your present case is to knock the doors of Consumer Forum with the supervision of an advocate, you can claim a good amount of compensation because if you file a civil/criminal suit it will take a lot of time as it is a long run process