Advocate Pravin Sharma

Questions Answered by Advocate Pravin Sharma

Q: Labour court awarded money against my company now it is closed

Hi Sir, In a labour case judgement the court has awarded rs 2 lac each to 3 of employees who filed a case against my company in 2008. The final judgement came now in 2018. I have already closed my company in 2008. I do not have that much of money to pay since my age is 62 and I am retired now. I only have a flat in faridabad under my name for property sake. I want to understand what action can the court take in this situation if I am not able to pay the awarded amount. Can they try to recover the amount from my flat property which is the only house under my name.? In the case filed they made 2 parties basically one was my company name and then myself. What is the procedure to reply to judgement notice explaining my financial condition. Also is there any provision for jail term in such cases?

Advocate Pravin Sharma answered
If the case was against your COMPANY I e private limited or public limited,duly incorporated under the Companies Act in that case you will not be personally liable under the Award of the Labour Court.Secondly did you contest the case and took the plea that your COMPANY has been closed?There are many ifs and buts and a correct reply could be given only after those facts are also incorporated by you in your question.

Q: False complaint/ claim filed by a labour contractor

A labour contractor (hired for painting work in delhi) has filed a false complaint & claim with a labour officer...who issued a notice to appear without enclosing the copy of complaint...I demanded the copy but the labour officer did not supply while continuing to give date after date....now I have received a letter from a labour union threatening a protest (dharna) & malicious propaganda outside my premises....giving me a feeling of blackmail & extortion...Am unable to reply in absence of copy of his complaint....Need advice on the issue

Advocate Pravin Sharma answered
Give an application in writing to the concerned Labour Officer handling the case seeking copy of the Complaint.If you think Union is serious about staging dharma you can file a suit in Civil Court seeking injunction (stay) against dharna.Practical advise is that seek some professional help as the Labour Officer as well as the Union will take you seriously if you are accompanied by a Lawyer conversant with dealingni n Labour Matters and he will take care of all this dispute. During my practice in this are for last many years I have seen that Labour Officers are under heavy influence of Unions operating in that are and tend to lean in their favour although they are legally not supposed to do that.

Q: How to file for maintenance on the grounds of dessertion by husband

 I'm 32years female and having a kid of 4.6yrs. My husband left me 4yrs ago and not interested to continue our marriage relationship. He is having multiple relationships with other girls. He is not paying any maintenance to me and my kid till date. Now I want to proceed legally to complete this issue. Kindly suggest what all documents are required to file a maintenance case as I'm a dependent on my parent's and living with them. How to proceed?

Advocate Pravin Sharma answered
You may file a petition under Section 125 of the Criminal procedure Code ( in short Cr.P C) claiming maintenance in favour of yourself as well as your son by moving a petition before the Magistrate Court of the area where you last lived with your husband or living at present.Proof of marriage if possible,. Documents to show proof of employment of husband and his earnings as well as his place of residence will be required but you may file petition without them as well.You will have to substantiate your expenses to some extent.

Q: Can gift deed be done in another city what is the procedure for it

We live in US, my husband bought a property in ranchi(Jharkhand). At the time of registry we were not able to travel to india that's why the property was registered on my mothers-in-law name. I have read that there is a gift deed that is my mother-in-law can gift that property to my husband.Need to ask what all we need to do for that as we are coming to india in dec 2017.And also we wont be visiting ranchi as all my husband family lives in Bangalore now. Can it be done in Bangalore?

Advocate Pravin Sharma answered
Gift deed can be executed by your mother in law in favour of your husband before the registrar of the area where the property is situated.You or your husband's presence is not required.Your mother in law will have to pay Stamp Dity as per the relevant law of the State.It can not be done in Bangalore.

Q: Company harassing me to pay remaining bond amount am I liable

I started working for Ericsson India Global services,Noida as an Assistant Engineer Trainee and due to compulsory procedure I had to sign there bond agreement which stated that I need to work for them for minimum of 18 months and If there is a breach in agreement I had to pay 1,50,000.I worked for them for 3 months and due to the irregular shifts and pathetic working conditions I had no option and I resigned from my post and decided to go for further studies.Despite that I worked one more month due to the notice period. Now they are asking me to pay 1,17,000 deducting my notice period salary. I wrote to the HR about my situation that I am going for further studies and I had to pay my fees so it isn't possible for me to pay this bond amount but they aren't accepting that and sending me mails about recovery.

Advocate Pravin Sharma answered
HiJust ignore their mails and continue with the course you have decided to take.if they are so desperate to recover this amount let them go ahead and file a suit for recovery of this amount.If they are getting right legal advice,they will not initiate any legal action against you because it is easy to get a bond from a prospective employee but not easy to get it enforced through the process of law. They will have to prove so many things to succeed in recovering this amount which is not easy( I am not including the details as they are not relevant at this point of time) Carry on with your studies and best of luck!