Payment of gratuity for manager
Vinod Yadav Advocate
(Querist) 04 September 2015
This query is : Resolved
Respected Members,
kindly guide me with your valuable views about can a Manager whose salary if about 50000/- approach labour court for payment of gratuity???
as opposite counsel had filed an application under order 7 rule 11 with contention that present case is not maintainable in labour court cause of designation of employee.
kindly guide me with any citation
ADV-JEEVAN PATIL, MUMBAI
(Expert) 04 September 2015
Yes in my opinion labour law is not applicable to u since u r manager in supervisory category. U may file consumer complaint
Guest
(Expert) 04 September 2015
Please clarify, what concern you have got with the problem?
Vinod Yadav Advocate
(Querist) 04 September 2015
Dear Sir,
my only concern is whether Manager or General manager can approach to labour court.
i am asking only about payment of gratuity not for all dues as there are some amendment in payment of gratuity act 1972.
Because i have heard that as per amendments in payment of gratuity act in section 2E, all employees whether it is manager or labour all types of employees covered in this act.
Guest
(Expert) 04 September 2015
Mr. Vinod Yadav,
When the problem does not relate to you, you don't seem to have any concern. So, what is the purpose of asking that question?
Vinod Yadav Advocate
(Querist) 05 September 2015
Respected Sir,
I am the advocate in labour court in this case and above noted status is of my client. that the only reason for asking this query.
Regards,
Vinod
Guest
(Expert) 05 September 2015
First of all, you were required to introduce yourself appropriately, if you have asked the question for and on behalf of your client.
Secondly, if you are an advocate, before going to labour court, you could have gone through the relative labour laws to know, as to who was eligible to approach the labour court.
Thirdly, before filing a case in the labour court, as an advocate, you were also required to go through the Payment of Gratuity Rules, besides the Payment of Gratuity Act.
Fourthly, your statement, "I am the advocate in labour court," is not corroborated by your profile about your being an advocate. IS THERE ANY SPECIFIC REASON FOR NOT MAKING A MENTION IN YOUR PROFILE ABOUT YOUR BEING AN ADVOCATE?
To be frank, for me your query seems to be merely an academic query of a law student, who has not been able to concentrate on his classs lectures and the course books and hence does not attract any response.
Vinod Yadav Advocate
(Querist) 05 September 2015
Extremly Sorry Sir,
kindly guide me as i am new in practice and i have also gone through section 2E of Gratuity Act.
According to this we can claim gratuity before labour court even for general manager. Still needs your valuable views for confidence.
Regards,
Vinod
Guest
(Expert) 05 September 2015
Can you send me the copy of petition as well as the objection of the opposite party through email at: dcgroup1962@gmail.com ?
