Legal Consulting Answers

Name: INDIAN, Age: 23, Gender: M, Place: Chennai
Question: 1
I work for an Software company. If anyone of the employee leave the company without 2 month notice, then our company wont pay the salary for the last month he/she worked for. Sometimes Company also deduct some amount from PF. Is this legally valid?

Answer:
 That depends on the contract or terms set out in the appointment order.  Generally a  notice period of one to three months is provided for.  If the employee leaves suddenly, then the employer is entitled to deduct pay for the notice period.

Name: vv, Age: 29, Gender: M, Place:
Question: 2
I have got married on 7.7.2000. We both are engineers. She is employed at Coimbatore. I am working in Bahrain. Due to mis understandings & ego problems we are separated since September 15. Actually we have been together for about 25 days only. She promised to go for divorce mith mutual concernt at police station in written. Now I am working in Bahrain, I can't frequently go to India. I have to divorce my wife asap. How to do it. Can I do second marriage, before divorce ?. Advice me.

Answer:
 If she agrees for a divorce by mutual consent then it is possible to file a petition for divorce.  If the divorce is by mutual consent it would take about 7 months.  You  would have to come over on two occassions.  Please let me know the place of marriage, for further advice.  Unless both of you are muslims, who underwent an islamic form of marriage, which I assume is not the case, you cannot get into a second marriage before divorce; it would be a criminal offence.

Name: govindan, Age: 37, Gender: M, Place: germany
Question: 3
My first passport was valid till 1994 july. In the year 1993 i had applied for one more passport and got it also. In the mean time i have lost the old passport which was valid till 1994 july. A person is threatening me that he will create problems for me. What does the law says? I took my first pp at Chennai in the year 1989. The second one at Trichy. The name, dt. of birth and all other details are the same in both the passport except address. please advice me in this regard. I want to do everything legally. thanking you.

Answer:
I need to know the full facts before I can advice you.  Have you disclosed the 1989 pp in 1993? What made you go in for a new pp in 1994; what were the circumstances that compelled you to take the second pp?  Where are you residing at present? When will you be visiting India next?

Name: krish, Age: 29, Gender: M, Place: Chennai
Question: 4
I have a arbitration proceeding with one of my previous employer and the proceedings were over in 1998 end. The arbitrator is not giving his ruling and again last year he called for final hearing and he didn't turn up for the proceedings. Also the employer is having my certificates. I don't know what to do and how to proceed further. Please give me some suggestion.

Answer:
 You can go to court in order to compel the arbitrator to pass his award speedily.  You can also issue a legal notice to the employer for your certificates and go to court for return of the same.

Name: N Nagarajan, Age: 45, Gender: M, Place: Nagpur
Question: 5
I was an employee of a public sector enterprise owned by the government of India. I had opted for Voluntary Scheme offered by my company. My request to be released was from a future date. In the meanwhile the management was considering promotions of my cadre. I was excluded from the zone of consideration since I had opted for VRS. Others below me and who had not opted for VRS were considered and promoted. My performance has been excellent throughout my career. Does not the action of manageent amounts to infringement of my fundamental right. Now that I am out can I challenge the action of the management. If so under what section and law and under which court.
Shall be grateful for an advise.

Answer:
Generally if the promotions took place before your VR was accepted then you have to be considered for such promotion, if you  are within the zone of consilderation. I assume that your juniors were considered.  But it also depends on the VR scheme; if there is a provision that you would not be considered for promotion after you apply , then the scheme itself has to be challenged.  You would have to move the High  Court at Nagpur by way of Writ proceedings.

Name: V. Sridhar, Age: 50, Gender: M, Place: Dombivli(E), Bombay
Question: 6
My mother's family pension papers were received by Canara Bank, Dombivli on 14th Feb, 2001 but till May 15th against our submitting withdrawl cheques and pass book they kept saying that papers have not been received and mother aged 80 years could not withdraw 5 months pension and was greatly humiliated and tensed due to unable to withdraw her legitaimate dues due to fault of Bank who had slept over the documents for 4 months and expressed sorry for that, whereas my mother had to cancel her railway ticket to Delhi being unable to get money in time. Can she go to consumer court for damages claim due to deficiency in service by the bank. Thanking you and with best regards Sridhar (son)of Mrs. Kalyani Varadarajan

Answer:
Yes your mother could seek compensation  by moving the consumer court, for the loss, harassment and mental agony suffered by her.

Name: V. Sridhar, Age: 50, Gender: M, Place: Dombivli(E), Bombay
Question: 7
Is it necessary to have a lawayer representation for filing cases in consumer courts/ Consumer Greivance Redressal Forum.
Thanking you

Answer:
No, it is not necessary to engage a lawyer.  If  s\he  feels confident and has adequate knowledge of the case, the affected party can file and argue his case by himself.

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