Advocate Thakur Ashwani Verma

Questions Answered by Advocate Thakur Ashwani Verma

Q: Without divorce, separated spouse create problem in husband remarriage

My marriage registered before 2 years in high court.. Nd now we are living separated nd some agreements in police station in written. . Some mone gives to my wife nd finished without any divorce.. My question is if in future i m going to married... My wife creates any problems to me?

Advocate Thakur Ashwani Verma answered
My dear friend first what is your religion? According to law if you are non muslim, you have to get divorce first then you can remarry. No compromise/agreement will be effective in this regard. In liew of the compromise/ agreement both of you can file divorce with mitual consent.

Q: Clarification on claim of maternity benefits from company

Currently I am working at organization(IT company; profile- Software Developer) from 01, June 2015. Also, I am on maternity leaves which is ending on 20 June 2018. Now my company is getting closed on 11 April 2018. It was informed to us on 15 March that its getting closed. So wanted to know what benefits are included in Maternity Act which I must get. Currently they are offering- 1. Salary till maternity ends(20 June) 2. Severance period salary(2.5 months salary) 3. 2 months notice period salary Last two points(2 & 3) are for all employees. Please tell if I must get any other benefit also?

Advocate Thakur Ashwani Verma answered
Dear madam maternity benifit is matter of right and is in the welfare of the mother and child and you will get maternity benifit plus the benefits the other employees are getting on account of closure

Q: Remedy as pending salary dues & F&F not received from employer

Sir, This is regarding my pending salary . I have worked in aloft hotel, zirakpur,after resignation I served notice period as well.still I didnt receive my full and final. last 2 years several times contacted still they havent released the money. pls advise

Advocate Thakur Ashwani Verma answered
Dear friend what is your designation?and as you have to file complaint with the labour inspector by serving legal notice to the management. After this the issue will be settled. If not then the case will be listed before the labour commissioner.

Q: Time period is counted from the date of order or date of issue of copy

A case was decided in my favour by CAT Chandigarh on 27-02-2018 . I got the certifed copy of the order on 17-03-2018 , the copy was dated 9-03-2018 . In the order i was supposed to give a revised option to my department within 15 days from the date of order. But 17-03-2018 was 19th day however i gave my revised option to the department on 17-03-2018 . Please guide whether the period of 15 days will be counted from the date of order or from date of issuance of certified copy of judgement or from date of receipt of certified copy of judgement.

Advocate Thakur Ashwani Verma answered
If you have applied for the copy of the order from the date of the order then the date of issuance of copy of order will be considered or if not applied then the date of the order will be taken into account