Advocate Prateek Khandelwal

Questions Answered by Advocate Prateek Khandelwal

Q: Got my challan cleared in court and want to apply for govt. job now

The police gave me a challan for driving without licence and they took my RC. I went to the court to get it and I was fined by court. Will this be a problem for me if I apply for Govt jobs. And do I have to mention this in the attestation forms?

Advocate Prateek Khandelwal answered
no this is just the petty offence, u just deposit the challan in court this will take small time but thereafter offence will be disposed off. u can anytime fill up for any govt. vacancies. this is not at all any of the problem to worry about.

Q: What is the procedure to do a court marriage?

How to do court marriage?

Advocate Prateek Khandelwal answered
There are lots of formalities that are to be accomplying while doing court marriage, these all formalities u couldn't do by ur own, u will need a lawyer who can arrange all formalities, u are not bound to hire lawyer only, u can take help of concerned person also. For more free consultation visit and review www.advocateprateekk. wordpress. com

Q: What if company extends the notice period after promising less?

Hello sir, When I'm join company. Company was said 1 month notice period after resignation. But now when lots of employees resigned they said 3 month notice period.

Advocate Prateek Khandelwal answered
First of all ur query is not adequate and in proper form, as per i can understand by the query u just posted, u can see the by laws of the company and give them legal notice after that. Firstly i would like to say that , u just post ur query in proper format and visit our website www.advocateprateekk.wordpress.com for further free consultation.

Q: Clarification on gratuity paid by employer after 5 years of service

Is it mandatory for employer to pay gratuity after 5 years of service to the employee even if not mentioned in the appointment letter.

Advocate Prateek Khandelwal answered
Apparently you seem to have a good case. Valuable advice of learned experts/members is sought. Before you initiate any action, kindly show all records to a competent and experienced service lawyer and draw a strategy. If the company is caught on wrong foot to evade severity of punishment and penalty(ies) company may reply that even if the employee leaves before 5 years the amount collected from employee shall be refunded with interest, however this approach can be termed grossly wrong, illegal. It entirely depends upon your decision and resolve what do you want to do with this employer. The correct in practices and conduct of this employer shall help many other fellow employees in this company and industry. You can lodge a complaint with controlling authority which can be ALC/DLC with a copy to O/o labor commissioner. You may give an opportunity to employer by submitting a gentle communication to good offices of your appointing authority, MD, Company Secretary with a copy to Head-HR, and persist for a reply in writing only even if by email, and may proceed after the reply. Gratuity is a statutory right of employee whoever completes 5 years in the same organization, and is a terminal benefit. The cost is to be born by employer and not employee. Gratuity can not be a part of CTC. If company is making it part of CTC you can agitate before the controlling authority. Or even legal notice from one ( common ) lawyer of all employees to company might be sufficient to drill sense into it and to get the entire payment released. It may be treated as minor fraud. However you shall be eligible to get the amount even if you have not completed 5 years. The amount paid by company to Group Gratuity Insurance Scheme is accumulated and LIC pays interest on it. This fund is created so as to meet the payment of gratuity to employees in case of death, disability. If this fund is not created company has to bear the cost from its own resources. Moreover in case of termination/resignation of eligible employee the payment is made from the fund and rest is carried forward and keeps on earning interest. Moreover after 5 years company shall make a payment as per formulae of the gratuity, while if you consider the monthly contributions (shown as part of CTC or collected from employee) the amount shall be more than amount calculated by gratuity formulae. The companies which make gratuity as part of CTC pay the amount as Tax rebated/Ex. Gracia in FNF settlement even if employee leaves before 5 years ( or 4Y8M/ 6M as the case may be). For also further more details visit and post ur query at www.advocateprateekk.wordpress.com

Q: Police seized license for overspeeding how to get it before 3 months

I was driving at a speed of 80 Got intercepted by an intercepter and got fined ₹400 for driving fast and my licence got seiged for 3 months under the section 183(1) of moter vehicle act ... it has been 7 days i need my licence back urjently plz advice what can i do in this regard....

Advocate Prateek Khandelwal answered
u can collect your license from yaadgaar or from police control room , further if you do not collect ur license from there , u have to get it from the court , if the challan has been sent to u at ur home then u could deposit at centre mentioned in there. for further free consultation and advice post or email ur query to www.advocateprateekk.wordpress.com