MFG Legal Cell - updates
Gopal Nair
My Dear Friends
With the kind support and cooperation of all of you, we are ready with forming MFG Legal Cell.
Initially, we will start the Cell with a small group of lawyers from different fields and then watch how we perform. If the number of requests increases, we will expand the Team. We are sure, some more likeminded senior people from the profession will join the team.
We have received consent from following professionals to extend their help to our friends.
1. Advocate Jideshkumar, Delhi – a Leading Supreme Court Lawyer
2. Advocate Perumbulavil Radhakrishnan, Chennai - a leading lawyer of the Madras High Court
3. Advocate K. Ramachandran – a retired judge & now a leading Advocate of the Kerala High Court.
4. Advocate K.G. Balasubramanian , Irinjalakuda - a leading Advocate of the Kerala High Court.
5. Advocate Dinesh M. Nair, Thiruvananthapuram - a Member of the Senior Panel of lawyers appointed by the Kerala Legal Services Authority, High Court of Kerala.
6. Advocate B Anand, Delhi – a Practicing Lawyer
7. Advocate Manoj Ambatt, Palakkad - a Practicing Lawyer
&
8. Advocate Kappillil Anilkumar, Cochin – a Leading lawyer with Kerala High Court
Further details / modus operandi shall be circulated soon, as we are awaiting for the bio data and photograph of some of them.
We extend our sincere thanks to all the professionals for their kindness to extend their help through MFG’s platform to its members.
Yours Loving
Gopal
Dear Friends
There may be thousands of our friends who are battling with one or other legal problem; some time many of them are confused as to what to do?
With a view to extend whatever possible help (not monitory ketto…haa..haa..), we are happy to inform you that we will be forming a Legal Cell under MFG to help our member friends.
We also never thought that we will be able to form MFG Legal Cell so fast, after receiving suggestions from some of our friends. Together we, sky is the limit for anything!
Adv. Anil of Kerala High Court will be the coordinator of this Cell. Our special thanks to him for making this happen so fast. Adv. Jideshkumar, a Senior Lawyer with Supreme Court will be the Chief Advisor of this Cell.
Initially, we will start with a small group of like-minded lawyers and then watch how we perform. If the number of requests increase, we will expand the Legal Cell.
MFG may also explore the possibility of getting due accreditation from the State Governments for conducting LOK ADALATHS. If MFG can get due accreditation it can organize Lok Adalats in various parts of the States for amicably settling disputes between Malayali friends and others. It can also organize workshops and seminars on Legal Awareness and Legal Literacy. I think the State Governments as well as the Central Government support such innovative programmes. If any of you are connected with State Legal Services Authority and the Law Department, may kindly help us for the same.
The Legal Cell will be able to circulate the latest legal developments to the friends. Dissemination of legal information to laymen should also be one of our objects.
As all our services, this will also be absolutely at no cost.
Further details shall be circulated soon. Let us hope for the best.
Thanks a lot to all our friends for making MFG a worthy helping organization!
Yours Loving
Gopal
On Thu, Dec 9, 2010 at 12:09 PM, ADV.ANILKUMAR KAPPILLIL wrote:
Dear Mr. Nair:
Good morning. Thank you very much for your kind mail. I do sincerely appreciate your idea of forming a Legal Cell. The Pros and Cons, according to me, may need a serious consideration before launching the project. I therefore, give you the following points to think through.
STRENGTHS
1. This will benefit hundreds and thousands of our friends who are battling with one or other legal problem.
2. This will bring in general legal awareness among a large number of people.
3. This will help the poorest persons to have a clear perspective about their rights/obligations under law without paying consulting fee to a lawyer.
4. This will, in the long run enhance the interaction between the friends under the umbrella organization.
5. This will partially fulfill MGF's mission of serving the poor.
OPPORTUNITIES
1. MGF can get accredited as a recognized agency facilitating lok adalats in all states
2. MGF can play an important role in recommending legislative changes for the benefit of NRKs (including NRIs)
3. MGF can pioneer and build institutions of excellence in Public Law Research, Legal Education, etc.
4. MGF can collaborate with international philanthropic/ human rights/civil rights bodies
THREATS
1. Lack of infrastructural/manpower/funding support may adversely affect the project.
2. Lack of awareness of fundamental objects of the mission among the participating legal professionals.
3. Lack of a well-designed organization structure, code of conduct by parties, norms for periodic evaluation, rewards and censure.
4. Lack of well-trained, well-coordinated, well-supervised functions may create chaos.
The above are some of my concerns arising out of a serious consideration of your excellent and admirable idea of having a Legal Cell. I do sincerely hope to receive your feedback on how we tackle the above issues.
Wishing you all the best in your endeavors and praying for God's blessings,
Sincerely,
Adv. Kappillil Anilkumar
From: Adv.Anish Syril
Date: Wed, Dec 8, 2010 at 4:24 PM
Subject: Re: Employer has illegally terminated the employee (our member) – help offered by Adv. Anilkumar of Kerala High Court !
Dear Gopalji,
As Mr. Anil extended his service for our friends I too willing to share my professional expertise for those who are in need. I am specialised in corporate law and as well as the other areas of law. Please dont be hesitated to seek any help which is necessarry for any of our friends.
On Wed, Dec 8, 2010 at 4:47 PM, shekar nambiar wrote:
Thank you very much Gopalji for this initiative.
Infact this is one of the most crucial and significant areas where our malayali friends seeks sincere help from the professionals, who carry spirit of social concern in its true sense. Reality is that this issues are generally ignored by all social and welfare groups.
Sir, can our MFG take initiative of forming a legal cell and provide legal advice and if required financial help for taking up case ? forming some legal aid fund like education fund ? Peoplelike Ad Anil Kumarji can guide this cell or lead this cell.
Alsol to devote some pages in our newsletter on these legal issues but strictly confined to job and issues of termination, voilation of norms, exploitation, less remuneration, excess duty hours etc..
i am sure you will look into this in the coming years..
with all God blessings,
shekar nambiar
--- On Wed, 8/12/10, Gopal Nair <gopalnair...@gmail.com> wrote:
From: Gopal Nair <gopalnair...@gmail.com>
Subject: Employer has illegally terminated the employee (our member) – help offered by Adv. Anilkumar of Kerala High Court !
To: "Malayali Friends" <Malayali...@googlegroups.com>
Date: Wednesday, 8 December, 2010, 3:47 PM
Dear Friends
We have been getting many requests from our members to help them in some personal matters. We have many professionals who are ever willing to extend their help, support and elderly advise. We are thankful to all the professionals who have come forward to help us.
Advocate Anilkumar is one of such professionals, who is very helpful to us. Adv. Anilkumar is a Senior Lawyer with Kerala High Court.
We have been extending such help through such professionals to our friends silently from time to time.
Thought of sharing the below incident with our members, as it is relevant & may be helpful/useful to many of our friends. Our special thanks to Adv. Anilkumarji for his help and support to the members of MFG.
We express our sincere thanks to all of you for the support & help in making MFG’s platform as a wonderful one. I am sure, in the days to come, many professionals / friends will come forward to help our members in whatever way possible.
Yours Loving
Gopal
---------- Forwarded message ----------
From: ADV.ANILKUMAR KAPPILLIL
Date: Wed, Dec 8, 2010 at 11:11 AM
Subject: Re: Legal Advice
To: Gopal Nair <gopalnair...@gmail.com>
Good morning, Mr. Nair. There is nothing great in my letter as it is my professional duty to advice someone who has approached me with a legal problem. We are having a problem-solving approach and while exploring the options, the client must be left to choose the best option. I say so because 60% of the litigations are launched without sufficient homework, 20% without evaluating alternative methods of resolving the disputes, and 10% experimental basis, and the remaining 10% without proper legal advice.
There is an unfortunate tendency to rush to courts for each and every sundry disputes knowing fully well that it takes time, consumes energy, and increase expenditure. As a result of this, the justice delivery system gets clogged and persons really deserving justice get disappointed due to delays. Of course, there are certain kinds of dispute that could be resolved only through courts of law.
Even in such cases, we examine whether any statutory remedy is available for redressing the grievance before going to court, and if so, it is our duty to advice him to explore such an option.We always remember the slogan: Prevention is Better than Cure. I think this is applicable not only in health-care matters but in dispute resolution also. If you find my opinion is of any worth and if you so wish to have it circulated among your friends, you may do so. May I request you to take the consent of Mr. Biju also?
Thanking you and praying for success in all your endeavours,
Adv.Kappillil Anilkumar
---------- Forwarded message ----------
From: ADV.ANILKUMAR KAPPILLIL
Date: Tue, Dec 7, 2010 at 8:55 PM
Subject: Re: Legal Advice
To: Gopal Nair <gopalnair...@gmail.com>
Dear Mr. Nair:
Good evening. Mr. Biju from …. has met me this afternoon at my office at Ernakulam. He has discussed his case. I have told him that he has to take some pre-litigation steps, i.e. sending his grievance to the higher-ups in his organization. I have also informed him that the litigation is a time and energy consuming process and if things could be sorted out through the Conciliation/Mediation, it would be the most desirable option and therefore, I wanted him to move the Labour authorities too.
According to me, litigation is the last step one should resort to and sufficient homework is required to get positive results. Verdict in a court of law is always based on when and which forum we move, what we plead, how we prove, and how effectively and persuasively we can convince the court that we have a better case than the opponent. That is why in the first conference with the prospective clients, I always insist that the clients (well educated ones, of course) should do a SWOT analysis of the situation and plug any loopholes in their case before initiating litigation. For any lawyer, winning or losing a case may not be causing much heart-burns but from the client's point of view, it is a very serious matter that may jeopardize his future.
I can visualize a poor man's anxious moments during the trial of his case.
In this case, a giant body corporate is pitched against him. Even though, both parties are given equality in a court of law their resources may vary. The institution of judiciary exists for dispensation of justice and no man for the reason that he is poor be denied of justice. That's why I inform the party about the free legal aid they would receive from recognized bodies like KELSA. This very concern, whatever you may call it, makes me talking tough with anyone who simply approaches and wants my professional assistance for any type of litigation. And so far, most of the people benefited out of such a tough stand.
Of course, in these days of fiery competition it may not look a wise strategy to increase the dockets in my firm's shelf. However, being selective in taking up assignments gives me more professional satisfaction and plenty of opportunities to innovate and improve my own qualitative performance. That is why I have requested Mr. Biju first to do the pre-litigation homework than rushing to the court. I am sure he must have understood my concern for his cause. No doubt, he has been wronged by his employer and the manner in which he was slapped with the termination is beyond comprehension.
Anyway, let us hope that everything will go good and he will get back to his job without any litigation and better sense will prevail over the management.
Regards n love,
ADV. KAPPILLIL ANILKUMAR
---------- Forwarded message ----------
From: ADV.ANILKUMAR KAPPILLIL
Date: Sun, Dec 5, 2010 at 10:13 AM
Subject: Re: Legal Advice
To: Gopal Nair <gopalnair...@gmail.com>
Dear Mr. Nair:
Thank you Mr. Nair. He can get in touch with my firm's Employment/Service Attorney Ms. Manju on any working day between 4.30 p.m. and 5.45 p.m. at M/s. The Lawyers' Syndicate, III Floor, Choolakkal Building, Convent Junction, Market Road, Ernakulam with the original documents, if any and discuss the litigation process.
Thank you and with regards,
Adv. Kappillil Anilkumar
On 5 December 2010 10:05, Gopal Nair <gopalnair...@gmail.com> wrote:
thank u so much sir
i will forward the same to him
could i give your contact details to him...so that he may get in touch with you (at your terms) please
with love
gopal
---------- Forwarded message ----------
From: ADV.ANILKUMAR KAPPILLIL
Date: Sun, Dec 5, 2010 at 10:03 AM
Subject: Re: Legal Advice
To: Gopal Nair <gopalnair...@gmail.com>
Dear Mr. Nair:
On going through your mail and the documents attached therewith, I prima facie find that the employer has illegally terminated the employee as no valid reasons have been stated therein for denying him the employment/compensation in lieu of termination. The key legal questions, according to me in the case are:
1) What is meant by "re-structuring?"
2. Is re-structuring a valid reason for termination of services of the employee?
3) Does re-structuring mean termination of service of the employee without compliance of the terms of the employment contract by the employer?
4). Even if the employer has claimed to have complied with all formalities, has the employer followed the principle of Last Come First Go in termination? and
5. To what extent the so-called "re-structuring" was done except the termination of services of the employee in our consideration?
The employee should raise a labour dispute against the employer against such illegal termination with alternative relief of adequate compensation for loss of employment. In the meantime, he should submit his grievance representation to the top management so that there will be an opportunity for the top management to rectify the error. If the employee belongs to a BPL category member, it would be better to advice him to approach the Kerala Legal Services Authority as he would get free legal aid.
I hope the above reply is of some help to the friend.
Regards,
Adv. Kappillil Anilkumar
On 3 December 2010 21:40, Gopal Nair <gopalnair...@gmail.com> wrote:
dear sir
the enclosed message is self explanatory. could u please give him a suitable advise sir.
with love
gopal
---------- Forwarded message ----------
From:
Date: Fri, Dec 3, 2010 at 3:38 PM
Subject: Re: Legal Advice
To: Gopal Nair <gopalnair...@gmail.com>
Dear Gopalji,
Please find the attached files and request you to forward the same to the concerned.
1. Appointment letter
2. Joining Report
3. Bonus & Revised CTC letters
4. October 2010 salary slip
5. Discontinuation letter
6. Reply for Discontinuation letter
7. Revised notice period letter
8. Present Leave status
9. December Attendance record
10. Company Notice period waiver policy
My address is as below
…..
Thanking you,
Biju Paul
On Thu, Dec 2, 2010 at 10:25 PM, Gopal Nair <gopalnair...@gmail.com> wrote:
dear sir
yes, we have many advocates as our members, including supreme court lawyers.
please send some documentary evidence also
1. your appointment letter
2. your increament / assessment / promotion details
3. your salary slip etc.
4. any other appreciation etc. recd from the company
5. any negative remarks / observation by the company about u / any disciplinary action etc.
6. the message you received from the company
please also mention your full address with tele no. so that i can forward the same to the concerned please.
with love
gopal
On Thu, Dec 2, 2010 at 10:13 PM,…...wrote:
Dear Gopalji,
I am a member of MFG and reading your mails since June 2009. Thanks and wishing you all the best for your services towards MFG. I am in a critical situation and would like to know that do we have any legal experts to get some advice from them.
I will narrate the incident in very short for your reference. Since 1st December 2006 I am working with an insurance company as Executive Assistant at …. On 24th Novemebr 2010 just before 6 days to complete 4 years in the organization my reporting manager told me that Regional HR Director asked him to get my resignation letter. When I asked for the reason he said he has no clue what was happening. I declined to give resignation letter and asked him to send a mail if company wants such letter from me. After 15 minutes I got a mail from HR stating that my services are discontinued with effect from 25th November 2010 due to organization restructuring. And agreed to pay one months salary in lieu of the notice period.
At present job is very crucial for me as I have 3 dependants at home and I am the only breadwinner of the family. My father passed away in 1990 and my dependants are 90 years old grand mother 62 years old mother and 35 years retarded sister. I took a housing loan in April 2010 for the construction of my house and only 50% completed as of now.
Request you to keep the details as confidential and awaiting for a positive reply.
Thanking you,
--
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