Advocate Siddhartha Jain

Questions Answered by Advocate Siddhartha Jain

Q: Non payment of salary by the employer after leaving the job.

I stared my new job on dec-7-15 & resigned on 3-Mar-16 and I was not entitled to any notice period as I did not completed my 3 months. Even after that out of my moral responsibility I continued for another week for handling over paperwork and all.I did the same and got the approval on paper of leaving after handling over all the work.The problem is the company has not paid me my February salary & few days of March working day payment yet.I call them everyday and get new excuses or they don simply pick up my phone.I am getting excuses not the money, can I sue them?

Advocate Siddhartha Jain answered
You can file a suit for recovery before the District Court to get the unpaid salary from the company. You have to show in documents that you were appointed by the company and you have worked with them for the said period. You bank account details would also need to be verified.

Q: Can I file revision in HC to set a side the interlocutory order

HOW I CAN FILE THE REVISION TO THE HIGH COURT TO SET A SIDE THE INTERLOCUTORY ORDER OF FAMILY COURT ? WHICH SECTION IS LIE FOR THIS ?

Advocate Siddhartha Jain answered
Yes, you can file a revision petition under Article 227 of the Constitution of India challenging the interlocutory order of Family Court before the Hon'ble Delhi High Court. Under Article 227, the High Court has supervisory jurisdiction over the lower courts.

Q: Can I claim compensation if employer terminations pregnant employee

Hi, Can I claim a compensation from my employer in case they terminated me during my pregnancy. Is there any such law in India, what would the compensation include?

Advocate Siddhartha Jain answered
Yes, you can file a suit for damages and compensation for illegal termination by your employer. the contract has to be perused which you have entered with your employer at the time of joining the company.

Q: Can a manager call me to office after office hours for work?

my manager has been calling me to office after office hours. is it legal?

Advocate Siddhartha Jain answered
The question of legality depends on the contract you have entered with the company at the time of tour joining. Further, it depends on what are the policies and work culture of the company. However, you can file a case for harassment at work place. But I would advise its better you settle the issue by consulting it with your seniors.

Q: All the property is in my mother's name can my father & brothers claim

Actually i just wanted one advice our home is on my moms name recently due to some family issue she is not staying with us, so all our property is on my moms name do my dad or brother or sister any one have the rights in that property

Advocate Siddhartha Jain answered
If the property is her self acquired property purchased from her own funds, then yes, no other person has any rights over the said property. Further she can execute a will and give rights over the said property to the person she wants to. But if the said property is an ancestral property or the same has been purchased from the funds of her husband or by proceeds of any ancestral property, then it that case, the children of the mother have every rights to claim over the same.