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Private Limited Company Not Giving Joining Letter: Can I Take Action?

Nayagam P

Nayagam P P  |4408 Answers  |Ask -

Career Counsellor - Answered on Aug 08, 2024

Nayagam is a certified career counsellor and the founder of EduJob360.
He started his career as an HR professional and has over 10 years of experience in tutoring and mentoring students from Classes 8 to 12, helping them choose the right stream, course and college/university.
He also counsels students on how to prepare for entrance exams for getting admission into reputed universities /colleges for their graduate/postgraduate courses.
He has guided both fresh graduates and experienced professionals on how to write a resume, how to prepare for job interviews and how to negotiate their salary when joining a new job.
Nayagam has published an eBook, Professional Resume Writing Without Googling.
He has a postgraduate degree in human resources from Bhartiya Vidya Bhavan, Delhi, a postgraduate diploma in labour law from Madras University, a postgraduate diploma in school counselling from Symbiosis, Pune, and a certification in child psychology from Counsel India.
He has also completed his master’s degree in career counselling from ICCC-Mindler and Counsel, India.
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Kinu Question by Kinu on Aug 04, 2024Hindi
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Hello, sir is it any rule or act in india government that private limited company doesn't give me joining letter or confirmation latter since 8 month to take action against company? They didnt give me any letter and they terminated so it is possible to give action against company?

Ans: Kinu,

You have NOT mentioned (a) Nature of Industry/Company you worked with (b) what was your Designation/Your Nature of Work & (c) Why you were terminated/Reasons for Termination?

To move to Labour Court, you should have an Appointment Letter (or) Pay-Slips (or) Show-cause Notice (or) Termination Letter (or) any other Document Proof like PF/ESIC Account Number (if applicable to you) etc. to prove in the Labour Court that you had been working there for 8-months. If NOT, you cannot move to Labour Court.

My suggestion (based on my Experience & having worked in HR-Administration Department in Delhi/Muscat/Chennai) :

(a) It is better to move ahead with another job without moving to Labour Court against the Company.

(b) You can move to Labour Court if you have worked for more than 3-years and have incurred a heavy financial loss of PF (if not remitted by the Company to EPFO or Gratuity (if worked for 5-or-more years) or any other dues outstanding for more than a year.

(c) As you have worked just for 8-months, it is not at all good or advisable to move to labour court for your future.

(d) To the extent possible, avoid disputes with any Company you work with, why because, when you search for jobs with another company, most of the companies conduct 'Antecedent Verification' i.e. verifying about the candidates who have applied for the job in their company. They might call the HR Department/Current Reporting Seniors to know about the candidate and/or write mail to get their feedback.

(e) Let us assume, they do not conduct any 'Antecedent Verification' and you get offer from another company. The new employer will ask for copies of documents which might include your Appointment Letter, Copy of Latest Pay-Slips, Confirmation Letter, Relieving Letter, NO Dues Certificate etc. You will have to approach your current employer for some of the documents, especially Relieving Letter.

If you had not had good relationship with the Current Employer, it will be much difficult for you to get even a Relieving Letter from the past employer(s) & join a new company. Copy of which all documents will be demanded by new employer depends upon its HR Policy/Nature of Work.

(f) Also please note, if the new employer comes to know that you had moved to Labour Court against your past employer, current employer will start enquiring about the same from you and / or from your past employer. From then, problems will start for you from the current employer also which can be (some illustrative examples): Transferring you to some other department, Laying you Off, Withdrawing Increments/Bonus etc.

In future, when you join a new company, ask for an Appointment Letter (even if it is a small company).

I hope I have clarified your doubt(s).

All the BEST for Your Bright Future.

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Shekhar

Shekhar Kumar  |154 Answers  |Ask -

Leadership, HR Expert - Answered on Apr 29, 2024

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I worked for a private PMC company with appointment letter later after four months they were unable to pay salary and assured us by mails and what's up messages that, they are having some financial problems and requested to continue and pending salaries would be released soon and later stopped taking calls, We have resigned but they have not settled our account and now again become active. What action can be taken.
Ans: It's unfortunate that you're facing this situation with your former employer. Gather all relevant documentation related to your employment, including your appointment letter, emails, WhatsApp messages, and any other communication regarding salary payments and promises made by the company. Having a record of these interactions will be crucial for any potential legal action. Reach out to the company via email or written correspondence to remind them of the outstanding salary payments and request immediate settlement of your dues. Clearly outline the amount owed, the period for which you worked without compensation, and any promises or assurances made by the company regarding payment. If the company fails to respond or refuses to settle your dues, consider seeking legal advice from a labor lawyer or legal aid organization. They can assess your situation, advise you on your rights and options, and help you take appropriate legal action to recover your unpaid wages. Depending on the jurisdiction and labor laws in your area, you may have the option to file a formal complaint or grievance with the relevant labor department or regulatory authority. Provide them with all relevant documentation and information about your case, and they may investigate the matter and take action against the company if warranted. If you see other employees are also affected by unpaid wages or mistreatment by the company, then consider organizing collectively to amplify your voices and increase pressure on the company to resolve the issue. This could involve forming a group, sharing information and resources, and coordinating efforts to seek redress through legal channels or public advocacy. Throughout this process, it's important to protect your rights and avoid taking any actions that could jeopardize your legal standing or future claims against the company. Keep records of all communications, consult with legal experts, and be prepared to assert your rights if necessary. Stay informed about any developments related to the company, including changes in ownership, financial status, or legal proceedings. This information may affect your ability to recover unpaid wages or seek other forms of recourse.

Remember that recovering unpaid wages can be a complex and challenging process, but by taking proactive steps, seeking appropriate guidance, and advocating for your rights, you can increase your chances of obtaining a favorable outcome.

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Prof Suvasish

Prof Suvasish Mukhopadhyay  |540 Answers  |Ask -

Career Counsellor - Answered on Nov 15, 2024

Asked by Anonymous - Nov 14, 2024Hindi
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Dear sir, I have been working in pharma segment n I have a terrible experience to share almost 5–6 companies have not settle my genuine dues of salaries and expenses. Some are almost 5–8 yrs old n the latest one is almost 75 days old. Some have some special statements written on there appointment letters, which gives them freedom , and others seem to have no concerns at all. I cannot take legal action against them as a don't have so much money. In the latest episode, my company says that they cannot give me my full n final till the time stockist does not pays his dues to the company. In this regards, I want to inform you that 1 I have no dues on the stockist 2 I have returned all my property 3 companies settlement time is of 45 days 4 after fighting so long I have received one part as salary but expenses are still held they say that they will only settle my dues when the stockist pays his pending payments. 1 I have no dues certificate from all stockists 2 And my views on this is 1 I'm not in organization now, how am I responsibile for the old payments of my time, because it's responsibility of the current staff to follow up for his secondary n payments 2 party's due on company is around rs 46000 but stockist already has non sellable goods of rs 70000 in his shelf . 3 the current staff do not meet the stockist, help in liquidation of stocks or clearing payments. Kindly help me with your detailed view in how to get my ffs from this organization as I have 1 written several times on main with no proper response. 2 I have called many times to hr n concerned managers but they repeat same thing, ie payments of one stockist Kindly help me with solution to get my ffs from this n old pharma companies. Thanks Jasvinder singh
Ans: You need legal support. Please contact senior advocate Mr. Tanoj Joshi with my reference. Search about him in LINKEDIN.
He is a very good person and he won't charge you much if you give my reference. Please give me the update. Best of luck. MAY GOD BLESS YOU. Professor...........................:)

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Ramalingam

Ramalingam Kalirajan  |8185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Feb 06, 2025

Asked by Anonymous - Feb 05, 2025Hindi
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Hello I joined private ltd. firm in October, 2024. The company has not provided me appointment letter and salary slip but credited my salary in my account. When I asked for appointment letter and salary slips the company just forwarded me mail on 20th January 2025 to handover the charge to other person without any notice to me which I did. Now they are not paying my December salary and January, 2025 full and final settlement. I was property manager in the company. Please suggest me what can be done in this case.
Ans: Your employer’s actions are unprofessional and unfair. You have legal options to claim your salary and final settlement.

Gather All Supporting Documents
Bank Statements: Show proof of salary credited for previous months.
Emails & Messages: Keep all communication with HR and management.
Work Records: Maintain any reports, client interactions, or tasks completed.
Company Policies: If you have access to any written policies, keep them.
These documents will strengthen your case.

Send a Formal Email Request
Draft a polite but firm email to HR and management.
Mention your pending salary and final settlement details.
Request a timeline for the payment.
Attach proof of salary credits and work done.
Give them a deadline of 7-10 days to respond.
Written communication creates a legal record of your request.

Send a Legal Notice Through a Lawyer
If the company does not respond, consult a labour lawyer.
A legal notice can push the company to clear dues.
Mention your job role, tenure, and pending salary.
Demand payment within a reasonable time.
A legal notice increases pressure on the employer.

File a Complaint with Labour Authorities
Private firms must follow labour laws regarding salary payments.
Visit the local Labour Commissioner’s office.
Submit a complaint with all supporting documents.
The department will issue notices and mediate with the company.
Labour authorities can legally intervene in salary disputes.

Consider Legal Action in Court
If all else fails, you can file a case in labour court.
Courts handle cases of unpaid salaries and wrongful termination.
A lawyer can guide you on the legal process and expected timeline.
Legal action is a strong step but ensures justice.

Finally
You have every right to claim your salary and final settlement. Follow a structured approach—start with written communication, then escalate legally if needed. Employers cannot deny rightful dues without consequences.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

..Read more

Latest Questions
Ramalingam

Ramalingam Kalirajan  |8185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 04, 2025

Asked by Anonymous - Apr 04, 2025Hindi
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i need guidance. i am 63 yrs with housing loan of 70lakh. Only asset is a house with market value 2 crore. i have 2 daughters to be married. I need to retire and start my practice as doctor. Guie me to a investment to live with 30000 monthly and to buy a house 0f 8 lakhs after disposing the property/ Presently earning 1.5L per month. pl suggest. shud i sell the property
Ans: Your situation requires a well-thought-out financial strategy. You have a housing loan of Rs 70 lakh, a house worth Rs 2 crore, and a need for Rs 30,000 per month after retirement. Additionally, you plan to buy a house worth Rs 8 lakh and have two daughters to be married. Below is a structured approach to help you achieve financial stability.

Selling the Property – A Necessary Step?
Selling your house is a practical option. Your outstanding loan is Rs 70 lakh, and the house is worth Rs 2 crore.

After repaying the loan, you will have Rs 1.3 crore. This can be used for investments and future expenses.

If you continue living in this house, EMIs will be a burden. Selling will free you from debt and give you financial stability.

Consider renting a home instead of buying again. This will keep more money available for investments.

Buying a House for Rs 8 Lakh
If you want to buy a smaller house for Rs 8 lakh, use only a small portion of your funds.

Avoid taking another loan. Pay for the house in full from the sale proceeds.

Ensure the house is in a location with good facilities, medical access, and safety.

Creating an Investment Plan for Rs 1.3 Crore
After selling your house and clearing the loan, you will need an investment plan.

Keep Rs 10-15 lakh in a bank FD or liquid mutual funds. This will act as an emergency fund.

Invest Rs 30-40 lakh in debt mutual funds. These provide stability and liquidity.

Invest Rs 50 lakh in equity mutual funds for long-term wealth growth. Use regular plans with a Certified Financial Planner.

Keep Rs 10-15 lakh in a balanced fund for moderate returns with lower risk.

Generating Rs 30,000 Monthly Income
Debt mutual funds can provide a stable withdrawal option. Withdraw systematically for monthly expenses.

Use a mix of dividend and growth options. This ensures you get both regular income and capital appreciation.

Equity funds will provide growth, helping you sustain your money for 20-25 years.

Managing Daughters’ Marriage Expenses
If you need Rs 20-30 lakh for each daughter’s wedding, set aside Rs 40-60 lakh from the sale proceeds.

Invest this amount in a mix of debt and equity funds. This will help you reach your goal in a few years.

Avoid withdrawing from your retirement corpus for wedding expenses.

Starting Your Medical Practice
If you plan to start a medical practice, keep Rs 10-20 lakh for setting it up.

Avoid heavy investments in infrastructure initially. Work from an existing clinic or shared space.

Ensure you have medical indemnity insurance to protect yourself.

Final Insights
Selling your house will give you financial freedom and remove loan pressure.

Invest wisely to generate a steady monthly income and secure your daughters' futures.

Do not invest in real estate again. Keep your funds liquid and flexible.

Work with a Certified Financial Planner to review your investments regularly.

Focus on financial security rather than high-risk investments.

Best Regards,

K. Ramalingam, MBA, CFP

Chief Financial Planner

www.holisticinvestment.in

https://www.youtube.com/@HolisticInvestment

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Ramalingam

Ramalingam Kalirajan  |8185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 03, 2025

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Dear Sir, I am 47 years old IT professional. My current salary is 1.5 lakhs per month. I have a daughter who just completed her 10th board exam. My corpus is around 1.6Cr FD&PPF; 30 lakhs in MF & stocks; 50 lakhs in EPF. I have no debt and living in my own house. Please suggest if I can plan for retirement
Ans: Your financial position is strong, and planning for retirement at 47 is a smart decision. Below is a detailed 360-degree approach to assess whether you can retire comfortably and how to ensure financial security.

Understanding Your Current Financial Position
Income: Rs 1.5 lakh per month.

Corpus:

Rs 1.6 crore in Fixed Deposits (FD) and Public Provident Fund (PPF).

Rs 30 lakh in mutual funds and stocks.

Rs 50 lakh in Employees' Provident Fund (EPF).

Liabilities: No debts.

Assets: Own house, ensuring no rent or EMI burden.

Family Responsibility:

Daughter has just completed the 10th board exam.

Higher education expenses need to be planned.

Key Considerations Before Retirement
Expected Retirement Age

If you plan to retire early (before 55), corpus sustainability needs careful assessment.

If you work till 60, it will provide a larger financial cushion.

Post-Retirement Expenses

Living expenses, healthcare, travel, and lifestyle costs must be considered.

Inflation will increase future expenses.

Daughter’s Education

Higher education costs are significant.

Corpus should cover both education and retirement without compromise.

Medical Expenses

Health costs increase with age.

A high health insurance cover is essential.

Wealth Growth vs. Safety

A mix of equity and debt investments ensures growth while preserving capital.

Excessive reliance on FDs and PPF may limit long-term wealth accumulation.

Assessing If You Can Retire Comfortably
Current Corpus Size

Rs 2.4 crore (excluding house) is a strong starting point.

But, inflation will reduce its real value over time.

Expected Corpus Growth

Investments in mutual funds and stocks should continue to grow.

PPF and EPF offer stable but lower returns.

Withdrawals Post-Retirement

Sustainable withdrawals should not deplete the corpus too soon.

A balanced investment strategy is required.

Gaps in Planning

Heavy reliance on FDs and PPF may not be ideal.

More equity exposure can ensure inflation-beating returns.

Steps to Strengthen Your Retirement Plan
1. Optimising Investment Strategy
Continue investing in mutual funds with a mix of large-cap, mid-cap, and flexi-cap funds.

Reduce dependence on FDs for long-term needs.

Equity mutual funds help counter inflation and grow wealth.

Avoid index funds as they provide average returns without active management.

Regular funds through a Certified Financial Planner (CFP) offer expert monitoring.

Diversify investments between equity, debt, and fixed-income products.

2. Planning for Daughter’s Education
Higher education costs can be Rs 30-50 lakh in the next 5-7 years.

Separate this goal from your retirement plan.

Increase equity investment to build an education corpus.

Avoid withdrawing from retirement savings for education.

3. Building a Healthcare Safety Net
Health insurance should cover at least Rs 30-50 lakh.

Consider super top-up plans for additional coverage.

Maintain an emergency medical fund to cover non-insured expenses.

Review insurance policies periodically.

4. Creating a Sustainable Withdrawal Plan
Avoid withdrawing a large portion of the corpus in early retirement years.

Keep at least 5 years of expenses in liquid assets.

Equity exposure should reduce gradually as retirement progresses.

Use dividends and interest income before selling assets.

Final Insights
Retirement is possible, but adjustments are needed for long-term security.

Continue investing aggressively for the next few years.

Ensure daughter's education is planned separately.

Review investments and insurance regularly.

Keep flexibility in withdrawal strategy post-retirement.

A structured plan will ensure a financially secure and comfortable retirement.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Ramalingam

Ramalingam Kalirajan  |8185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 03, 2025

Asked by Anonymous - Apr 03, 2025Hindi
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My employer offers a salary sacrifice scheme for pension contributions, but I don't fully understand how it works. What are the potential advantages and disadvantages of joining such a scheme, and how does it affect my take-home pay and long-term financial planning?
Ans: A salary sacrifice scheme for pension contributions allows you to give up a portion of your salary in exchange for increased employer contributions to your pension. It has tax and National Insurance (NI) advantages but also some potential drawbacks.

How Salary Sacrifice for Pension Works
You agree to reduce your gross salary by a chosen amount.

Your employer contributes this amount directly to your pension.

Since your taxable salary is lower, you pay less income tax and NI.

Your employer also saves on NI and may pass on some or all of this saving to your pension.

Advantages
1. Tax and NI Savings
You don’t pay income tax or NI on the sacrificed amount.

Your employer saves on NI (currently 13.8%) and may increase your pension with these savings.

2. Higher Pension Contributions
Since more money goes into your pension, your retirement corpus grows faster.

Compounding over time enhances long-term wealth.

3. Increased Take-Home Pay
Although you sacrifice part of your salary, the NI savings may offset some of the reduction.

Depending on employer policies, your net pay may not drop significantly.

4. Potential Employer Matching
Some employers pass their NI savings into your pension, increasing your total contributions.

Disadvantages
1. Reduced Gross Salary
A lower salary means reduced future pay rises if they are percentage-based.

Life cover, sick pay, and redundancy pay linked to salary may be affected.

2. Lower Borrowing Capacity
Mortgage applications consider salary; a lower reported income might reduce borrowing potential.

3. Impact on State Benefits
If salary drops below certain thresholds, statutory benefits like maternity pay and state pension could be affected.

4. Restricted Access to Pension
The extra pension savings cannot be accessed before retirement (except under specific conditions).

Effect on Take-Home Pay
Your net pay will be slightly lower, but less than the actual amount sacrificed.

The tax and NI savings cushion the impact.

If your employer adds their NI savings, your total retirement savings increase.

Effect on Long-Term Financial Planning
Your pension fund grows faster, improving retirement security.

Short-term disposable income is slightly reduced, so budget planning is important.

Consider how the reduced salary affects other financial goals like buying a house or saving for education.

Should You Opt for It?
If employer NI savings are passed to your pension, it’s highly beneficial.

If you are close to lower tax bands or state benefit thresholds, assess the impact.

If you plan to apply for a mortgage, check how it affects your eligibility.

A Certified Financial Planner (CFP) can help assess your personal situation before making a decision.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

Ramalingam

Ramalingam Kalirajan  |8185 Answers  |Ask -

Mutual Funds, Financial Planning Expert - Answered on Apr 03, 2025

Asked by Anonymous - Apr 03, 2025Hindi
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Hi Sir , Greetings of the day!! hope you are doing well !! I want to do a savings of 50 lacs in as much less time span as possible because I want to buy a property in Gurgaon. My monthly salary is 1 lac 11k and I am currently investing 10k in mutual fund monthly and 50k in nps yearly. Can you please guide me how can I save 50 lacs and in how much time ?
Ans: Your goal of saving Rs 50 lakh for a property in Gurgaon is ambitious but achievable with the right strategy. Below is a structured approach to help you reach your target in the shortest possible time.

Understanding Your Current Financial Position
Your monthly salary is Rs 1.11 lakh.

You invest Rs 10,000 per month in mutual funds.

Your annual NPS contribution is Rs 50,000.

You haven't mentioned any liabilities or existing savings. If you have any ongoing EMIs or debts, they should be factored in.

Key Considerations for Achieving Rs 50 Lakh Target
The speed of reaching Rs 50 lakh depends on savings rate and returns.

High savings rate is the most reliable way to accumulate wealth.

Investment returns are uncertain and depend on market conditions.

A balanced approach is necessary to ensure stability and growth.

Increasing Your Savings Rate
Currently, you are investing Rs 10,000 per month.

If you can increase it to Rs 50,000 per month, you will reach Rs 50 lakh faster.

Cutting discretionary expenses will free up more money for investments.

Consider reducing unnecessary spending on dining out, luxury items, and vacations.

Redirect bonuses, incentives, or salary hikes towards savings.

Choosing the Right Investment Instruments
Mutual Funds for Growth
Actively managed equity mutual funds can generate better returns than fixed deposits.

A mix of large-cap, mid-cap, and small-cap funds can balance risk and reward.

Mid-cap and small-cap funds have higher growth potential but also higher volatility.

Avoid index funds as they provide average returns and lack active risk management.

Debt Investments for Stability
Fixed deposits, debt mutual funds, and PPF provide stability.

These should be used for short-term parking rather than long-term growth.

Debt mutual funds are taxed based on your income tax slab.

Avoid locking too much money in low-return instruments.

Balancing Risk and Return
Investing entirely in equity mutual funds can generate high returns but comes with volatility.

A mix of 80% equity and 20% debt can provide stability.

As your target nears, shift more funds towards safer instruments.

Avoid speculation and high-risk investments like cryptocurrency.

Role of NPS in Your Goal
NPS is good for retirement but not ideal for short-term goals.

Partial withdrawal is allowed only under specific conditions.

Do not rely on NPS for your property purchase.

Managing Tax Efficiency
Equity mutual fund LTCG above Rs 1.25 lakh is taxed at 12.5%.

Short-term capital gains (STCG) are taxed at 20%.

Debt mutual fund gains are taxed as per your income slab.

Investing in tax-efficient instruments will maximize returns.

Estimating the Timeframe
If you invest Rs 50,000 per month, you can accumulate Rs 50 lakh in about 7-8 years with moderate returns.

If you invest Rs 75,000 per month, you can reach Rs 50 lakh in about 5 years.

The faster you increase your savings, the sooner you will achieve your goal.

Final Insights
Increase your monthly investment to at least Rs 50,000.

Focus on actively managed equity mutual funds.

Keep a small portion in debt for stability.

Avoid unnecessary expenses and invest salary increments.

Do not depend on NPS for this goal.

Monitor and adjust your portfolio as needed.

Stay disciplined and patient to achieve your target.

Best Regards,

K. Ramalingam, MBA, CFP,

Chief Financial Planner,

www.holisticinvestment.in
https://www.youtube.com/@HolisticInvestment

...Read more

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Dr Dipankar Dutta  |1092 Answers  |Ask -

Tech Careers and Skill Development Expert - Answered on Apr 03, 2025

Dr Dipankar

Dr Dipankar Dutta  |1092 Answers  |Ask -

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