Advocate Sangeet Sindan

Questions Answered by Advocate Sangeet Sindan

Q: How can I recover my pending salary from my employer?

Hi, I Have joined a company on 30th june for permanent position. I have got the first month salary. When salary payment time for second month came they said they have some problem in processing payment through bank which is taking time.That went on for one month.Then again for second month they said same thing.I had my responsibility which i could not able to fulfil,i denied working further and resigned. Now from more than one month they are saying you will get full settlement letter then you will get the payment. I said them why its taking so much of time for that letter. They are saying they have this process. They are simply delaying things by giving some nonesense reason. I want to get the legal Advice for getting my more than 2 months salary. Thanks.

Advocate Sangeet Sindan answered
Dear Client:I am writing with regard to your query posted above. In the extant case, you may consider filing a complaint before labour officer under the labour laws. If your employer is a company i.e. private limited, public limited or LLP and your total due salary or remuneration exceeds more that Rs. 1,00,000/- then, alternatively you may also consider filing an application before National Company Law Tribunal of appropriate bench in whose jurisdiction the registered office of your employer company is situated. If the registered office your company is in Karnataka then you can file the case of Corporate Insolvency Resolution Process before the National Company Law Tribunal, Bengaluru. Trust the above clarifies your query.Best regards,Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.

Q: Director siphoned money to personal account against invoice payments

Need to take legal action against director siphoned money to his personal account. He raised invoices using personal account and collected all payments in his account. I have the invoice that he sent to client where he used his personal account (abroad) for payment. He moved out of country. I don't know if I can recover the money but at the very least I want him to black list from director in future and other possible actions. What are my options?

Advocate Sangeet Sindan answered
Dear Client:I am writing with regard to your query posted above. In the extant case, you may consider the following course of actions:1. Filing the case of Serious Fraud Investigation under the Companies Act, 2013 against such director. 2. Also, you may file a criminal case of: Criminal Breach of Trust and Cheating against such director.The above may lead to disqualification of such director who has done the fraudulent transaction. Then he cannot be a director of any of the companies.Trust the above clarifies your query.Best regards,Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship. 

Q: Working in jewelry shop lady stolen necklace boss not giving salary

 I am working in a jewellery shop as a salesman.One day a lady stole a necklace when i was attending her. The necklace was around 90 thousand. Now my boss is saying that i will cut your salary and they are not paying me from 8 months. My salary is 17 thousand per month. What i should to do Please help me

Advocate Sangeet Sindan answered
Dear Client, If there is any written employment agreement between you and your employer -- then check a clause whether your employer has taken any indemnity from you; moreover, whether your employer has the right to set off the loss from your salary. If there is no such written agreement, then you may file a complaint to labour officer under the state's shops and commercial establishment act. Best regards,

Q: Procedure for start up for NGO to gather funds for the needy people.

We are starting a NGO to gather funds for needy people. This NGO is run by school kids.

Advocate Sangeet Sindan answered
Dear Client, I am writing with regard to your query posted above for setting up an NGO for school kids and needy people. Please note that an NGO may be registered as Section 8 Company (a non-profit company under the Companies Act, 2013) with the Ministry of Corporate Affairs or as a trust or society under the laws of respective states of India. In Karnataka, such NGOs are generally registered as society.Further, If the NGO receives any foreign contribution then its registration is compulsory under the Foreign Contribution (Regulation) Act, 2010. Also, such NGO needs to procure PAN and TAN under the Income Tax Act, 1961, and registration under certain labour laws if the number of workmen exceeds the prescribed threshold. Further, note that an NGO has to be run by adults or major person and cannot be run by school kids. It can be operated for the benefit of school kids who are needy and poor.Hope, this clarifies your query. Best regards,Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.

Q: Forced to resign because of harassment at workplace

I am working for a multinational company. Please do let me know what are my rights wrt. Labour Laws.

Advocate Sangeet Sindan answered
Dear client, You approach to the labour commissioner in case of unlawful harassment by your employer. Further, based on the facts of the case you may also approach to the labour court. Best regards,Disclaimer: As to matters of law, I limit my response to the laws of India and the laws/rules/regulations of the state under whose jurisdiction the subject matters falls. Further, my response is limited to the facts presented by the client and laws in existence on the date of this response and at no subsequent time. This response is delivered to you in connection with the query raised/posted, and may not be utilized or quoted by you for any other purpose or relied upon by any other person or entity without prior consent. Further, this response does not create any attorney client relationship.