Advocate Surinder Singh

Questions Answered by Advocate Surinder Singh

Q: Compensation for termination of employees in private sector

I have been working as AGM Administration for 15 years with Canadian Engineering firm, I am regular employee. I have salary slips, PF contribution slip, appointment letter, salary revision letters, performance letters etc. As per the appointment letter 2month notice is either side. Company is planning to reduce employees from January. In such case If company terminates employees whether employee is entitled for any compensation or not. Two month notice salary is OK. Can I claim for 15 month salary as a compensation, is there any law. Pease advise. 

Advocate Surinder Singh answered
THEY SHOULD GIVE SOME REASON FOR TERMINATION OTHERWISE IT WILLBE TERMED AS ILLEGAL TERMINATION. IF THE COMPANY IS SUFFERING FROM THE LOSSES OR WORK IS REDUCED OR OTHERWISE THEY SHOULD BE SPECIFIC FOR TERMINATING. ENSURE THAT IT BONUS , GRATUITY LEAVES ENCASHMENT ETC OR PAID BY THEM TO THE EMPLOYEES OR ELSE U CAN DIRECTLY APPROACH THE LABOUR COMMISSIONER OFFICE FOR GRATUITY .... OR ELSE FILE CASE IN THE COURT.

Q: How to close a case filed for theft

on feb 5,2015 a person tried stealing my mobile in the delhi metro and i caught him red handed and hadover him to police station now after 1 year i got a summon and i reached the court on june but culprit is absent and i got a new date 14 oct 2016 today i went there then a lawyer asked 400rs from me to close the case and i gave him but he came out and said that i was late now another date i got on 17 nov 2016 so please tell me correctly how to close this case or i have to give more money to lawyer.

Advocate Surinder Singh answered
DEAR IF SOMEBODY HAS STOLEN YOUR MOBILE AND ON YOUR BEHALF COMPLAINT GOT REGISTERED AND CASE WAS MADE OUT AGAINT THE CULPRIT. NOW YOU HAVE TO GIVE A STATEMENT IN THE COURT THAT YES THIS IS MAN WHO HAS STOLEN MY MOBILE FROM METRO IF U WANT TO SEND HIM IN THE JAIL. OTHER OPTION IS SETTLE WITH THE PERSON BEST WAY IS MEET THE PP OF THE COURT-------------------------

Q: Non payment of fnf by company what are my legal rights

I worked with an organisation and they stopped my services without any notice and also didnt pay me for 2 months. I have all the documents. May I knw what can be done in this regard

Advocate Surinder Singh answered
DEAR U HAVE NOT MENTIONED THE CATEGORY WHEATHER U ARE WORKER OR WHITE COLLAR EMPLOYEE. FOR WORKMAN U CAN APPROACH DIRECTLY TO THE LABOUR DEPTT AND FILE THE COMPLAINT AGAINST THE EMPLOYER FOR TERMINATION WITHOUT THE NOTICE. IN CASE U ARE NOT WORKMAN THAN PLS. CHECK YOUR EMPLOYMENT LETTER AND TERMS FOR THE TERMINATION...

Q: What is the procedure to withdraw a case

My cousin has filed a fake case against me last year in July regarding fight and shooting him with a gun and has compromised in the court next month and i got bail but police has not submitted charge sheet and he wants to take the case back. what is the procedure to take the case back.I am a student and want to get rid of all this proceedings soon. will it have any effect on my career.

Advocate Surinder Singh answered
DEAR YOU CANNOT WITHDRAW THE CRIMINAL CASE IF THE FIR IS REGISTERED AGAINST YOU. DEPENDING UPON THE SECTION OF IPC DECISION CAN BE TAKE WHEATHER YOU CAN FILE THE APPLICATION FOR PLEA BARAGAINING. COMPOUNDING OF SECTION IS ALSO POSSIBLE OR ELSE U HAVE TO MOVE TO HIGH COURT FOR QUASHING OF THE FIR..

Q: Clarification on gratuity clause and validity

Hi I would like to know the exact number of years that I need to serve to availing the Gratuity amount. It it 5 years or less than 5 years (4 years 240 days - including the Notice period) Thank You

Advocate Surinder Singh answered
MINIMUM FIVE YEARS WORKED WITH THE EMPLOYER IS MANDATORY YES INCLUDING THE NOTICE PERIOD. INCASE SOMEBODY WORKED 5 YRS AND 7MONTHS, HE IS ENTITLED FOR COMPLETE 6 YRS. IN THE FIRST FIVE YEARS IT SHOULD BE COMPLETE 5 YRS FOR ENTITLEMENT.