Advocate Nitin Khare

Questions Answered by Advocate Nitin Khare

Q: Contractual employee of govt dept asked to leave without notice

working on contractual basis in government dept for 3 years. The contract is supposed to be renewed every year. My contract renewal was due in January but i wasn't informed about the same till date. Now recently i came to know that i have been asked to hand over all the documents and my post. I want to know what are my legal rights?

Advocate Nitin Khare answered
We would like to see your contract to find out the terms.But if the contract is not renewed and you continued in the service even after the term getting over, with knowledge of your employer then its an implied extension of your contract.You can challenge the termination in a court.

Q: Employer shut down its operations without notice what can i do

I am presently employed with 1 of the 5 star resorts in goa in the capacity of mgr for last 7 yrs who has closed down their operation all of a sudden since 1st april without any notice.i would like to know as to wthr the co can cheat me off my final settlement as i was told that my desgn doesnt fall under the labour law siince i mgmt category can i approach the labor office in case of any dispute like my gratuity and salary for the notice period and so on and let me hope that the owners doesnt have any right to curtail my service benefits by any sort of cheating mentality. Pls advise

Advocate Nitin Khare answered
No. The Company cannot deprive you of your final settlement including gratuity and salary. Your employment should be governed by employment contract and the Company needs to fulfil the conditions before terminating your services.If you need any assistance, we at GlobInd Law Offices will be willing to help you.

Q: Salary received through cheque but cheque bounced

Sir, I am a doctor and was working in a private medical college in UP till 20th may 2016 when I was compelled to resign. I wasregular on duty till april 2016(25working days), but due to some personal reasons I could work only irregularly in may 2016(3 days only). Usually my monthly salary is given through cheque before 10th of next month, so I should have got the cheque for april before 10. But they delayed giving cheque and said that it would be given on 16th may. I collected my cheque of Rs.59 thousand on 16th and deposited it in my bank. But the cheque was denied payment and my cheque bou

Advocate Nitin Khare answered
You can file a criminal complaint under Section 138 of Negotiable Instruments Act.Under the law, a cheque has to be presented within the period of its validity. In case the cheque is dishonoured by the bank, a demand notice has to be given to the drawer within thirty days of the intimation of the dishonour i.e returning memo from bank.The drawer of cheque has fifteen days time to make the payment. In case, the amount is not paid, you can file criminal complaint within one month thereafter.(P.S- We at GlobInd Law Offices can further assist you in this matter)

Q: Forced to resign without full and final settlement

I was told to leave from an organisation on a condition that they will pay me the salary for the full month.i was harrassed for a very long time.i was working as an hr there recruited people for that organisation within this one month but they behaved badly with me they took out all thw work from me and told me to leave today,told me to mail about the full months salary and they said they will give consent.till now i have received no reply and i have been blocked from every site and whatsapp as well.i want this organisation to shutdown as they torture their employees like anything.i want justi

Advocate Nitin Khare answered
Hi,You can send them a demand notice asking for payment of due amount. In case they fail to do so, you can file a recovery suit against the company seeking the due amount along with compensation for illegal termination.You can contact our firm, GlobInd Law Offices for any assistance in this regard.Thanks

Q: Legal notice for cheque bounce was not delivered what can I do

Hello Sir, Please help me. Someone has given me two cheque leaf costing 1 lac plus INR two years ago . Those cheque have been bounced but legal notice could not be delivered as he refused to receive the notice and we don not have his address another to send it again. we sent notice three times and those could not be delivered. Please help me what to do against this person.Cheque were issued from his private limited company in may 2014. Thanks

Advocate Nitin Khare answered
Hi,As per law, once the cheque is bounced and you receive the returning memo from bank, you have to give the drawer of cheque a notice within thirty days from the returning memo. Thereafter the drawer of cheque has fifteen days time to make the payment under demand notice, failing which you can initiate criminal proceedings under Section 138 read with Section 142 of Negotiable Instruments Act within one month from the expiry of fifteen days' period.In case of Private Limited Companies, all person who are responsible for the conduct of the business of the company as well as the company can be made liable under the law.Can you provide some more information regarding the dates when you presented the cheques and the notice you sent and the reason for nondelivery. Under law, the cheque has to be presented to the bank within the period of its validity.