Advocate Sanjay Baniwal

Questions Answered by Advocate Sanjay Baniwal

Q: Legal action against a company asking for forceful resignation

Hi, I have worked for a company for 3 months where they have not given my salary for the last month and asked me to resign i have mailed the hr that i am not well and will be back once i am ok to work. Now HR send me a mail saying to give the amount which was mentioned while signing the company/ employee handbook letter. Please suggest what should i do because i have not resigned they are asking me to resign.

Advocate Sanjay Baniwal answered
See, you need to go through the agreement then think about the different conclusions.Can consult me for further assistance and show me the all papers then would be able to suggest you.But, yes sufficient ground should be given before firing someone and here you are not even well to come on work.

Q: How to get settlement dues and experience certificate from employer

Sir I worked in healthcare organization from last 9 years as Assts. Billing Manager. Suddenly my management fired me for some other employee unethical work and irregularities in stocks . They just gave me verbal information that tomorrow onwards I am not allowed in office. As I worked long time there and without any prior intimation I fired from my job with clearing full and final settlement that include ( one month advance salary, one and half months salary pending towards them and experience ceritificate ) gratuity if I am eligible for it. After so many times contacting hr manager.Even officially I do not resign from my post . All this incident took place 3 months ago. Sir please advise me about what steps I need to take . please also advise me whether I should officially resigned from post or not.

Advocate Sanjay Baniwal answered
Firstly, give them a legal letter about their wrong step towards you.Secondly, yes you are also eligible for gratuity as you have completed more than 5 years in the same organisation.Thirdly, if they do not turn out to be serious about your demands then file a labour case against them at labour court.Can consult for further assistance if like my answer.

Q: Relieving certificate and last month's salary being denied

My manager gave me 3 options and start harassing me and threatening me as they wanted me sign a bond for a complete year on a warning letter. The options he gave is :- 1. Sign a bond for year on warning letter 2. Terminate me 3. Or resignation prefer resign as per the company norms but they were not ready to resign as per company’s norm as they wanted me to serve instant resign and they do promise that they will release my last month salary and send me the confirmation email on resignation. However, I have not received anything as of yet. I have contctd them many times and they are not replying and neither picking up my calls. My new organisation wanted all those docs until i cant join anywhere. Please suggest me some way to get my docs or Do I need to take some legal actions against this.

Advocate Sanjay Baniwal answered
Firstly, i suggest you to immediately send them a legal notice via mail and by post also that you want your all dues and documents otherwise would take a legal action.Secondly, wait for 2 days then go to labour court, make a complain there with all the joining and posted documents.Thirdly, mention the urgency that salary can be decided later, but i need relieving documents otherwise would be difficult for you to survive.Contact for further assistance.

Q: Girlfriend filed a complaint against boy for stalking and vulgar words

Sir, My Gf has filed a false camplain against me for stalking her and pulled her hands and pass vulgar comments.. The time she has revealed in the fir i was not present in the place also.. and not done any crime.. my relation was about 3 year.. i have many pics with her, letters, audios, whatsapp chats, and call records.. Since, the case is not finish i have gol the bail from session court. After the case she texted me i am sorry i have done with the pressure of my father.. What can i do to prove my innocence??

Advocate Sanjay Baniwal answered
Firstly, please save those messages somehow.Secondly, when you have your next date of hearing file an additional affidavit for revealing the messages also.Thirdly and lastly, no need to worry, contact for further assistance if wish to.Good Luck...!

Q: Want to know the amount i need to pay if live separately from my wife

My wife is a housewife. I'm planning to live separately before I file a divorce. She is a graduate and used to wrk earlier. Do I have to pay her a monthly amt if I live separately? If yes, thn how to calculate tht amt.

Advocate Sanjay Baniwal answered
See, firstly, you will have to look forward for a valid reason to divorce her.Secondly, yes you will have have to give her maintenance in whichever form she likes, either monthly or lumsum.Lastly, quantum of amount depends upon her life style, like how does she live her life.