To whom submit complaint reg non payment of Gratuity

This query is : Resolved 
 

(Querist)
13 August 2017

I want to know to whom I made a complaint /grievance against Pvt. Co. (Vishv Books Pvt. Ltd., Sahibabad, Ghaziabad) who cheated me, misleads me and made fraud with me and not pay my legitimate dues like Gratuity as per orally commitment made by HR of the company at the time when my resignation asked.

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N.J.S.Rajkumar alias narasimha (Expert)
13 August 2017

A Police Complaint could fetch a Speedy Remedy


You have mentioned nothing about the nature of fraud committed by the company with you, length of your service and the reason of your resignation.

Ashish Nirala (Querist)
13 August 2017

Dear Mr Dhingra

I worked in vishv Books Pvt Ltd sahibabad Ghaziabad w.e.f. 01/11/12 to 8/7/17 as computer Operator/ sales coordinator .

Actually , the firm wants to me fried from my job in the month of June 2017. But the company asked me to submit resignation from my side, by orally commitment made through HR of the company that if I give my resignation, I will be paid my dues within one month from the date of reliving but the payment except bonus and leave encashment have not been paid to me as per commitment made at the time of my resignation (personal ground).

I am still unemployed from 8/7/17 and company has not been paid my one month extra salary and Gratuity ( 04 years and 8 months) as committed by HR. So I want to know to whom I address my complaint against said company for not paying my dues.

Advocate M.Bhadra (Expert)
13 August 2017

If the amount of gratuity is not paid to you by the said Books Publishing Company, then you have the right to file a complaint to the Controlling Authority i.e Directorate of Labour, State Government under the Payment of Gratuity Act within the area where the employer’s establishment is situated or where you were working at the time of termination or resignation. Moreover,you can also approach to the Labour Courts to get relief and justice.

Advocate Suneel Moudgil (Expert)
13 August 2017

agree with advocate M. Bhadra, you can approach Labour Officer/Court of concerned area


Delay in payment cannot be said to be a fraud by the company.

Anyway, what was the total strength of employees of the company?

Also, the company does not seem to be located in Sahibabad, Ghaziabad, as its location is at Connaught Circus, New Delhi. Any reason for difference in address location?

Ashish Nirala (Querist)
13 August 2017

As far as company address concern it is mentioned that working place at sahibabad Ghaziabad but letter regarding appointment issued from badarpur delhi address. Further mentioned here that no pf and esi facility given by the company to me and other staff working with me at sahibabad Ghaziabad. There are above 100 worker in this site but I don't know the strength shown against which company because so many companies shows in paper without registration at the site. My resignation taken by the HR by misleading the fact and give false assurance and commitment.

Kumar Doab (Expert)
13 August 2017

The company had an office at Sahibabad, Delhi, Badarpur, etc and now has at Sahibabad or somewhere else or has shifted does not matter…………….
We are not doing any criminal investigation in the thread initiated by you (querist)…………..

It is duty and legal obligation of establishment/employer to notify the closure/change etc to authority………..

Kumar Doab (Expert)
13 August 2017

You may go thru;
THE PAYMENT OF GRATUITY ACT, 1972: 1(3) (3A), 2A{(2) (a) (i) (ii)},4,7 {(2),(3).(3A)},7A,9

http://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972-1:
7(5,6),8,9,10,11,12
http://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf


Kumar Doab (Expert)
13 August 2017

The Uttar Pradesh Payment of Gratuity Rules, 1975
3. Notice : Section 15 :-
Notice of Opening, Change or Closure of The Establishment

(1)
Within thirty days of the rules becoming applicable to an establishment, a notice in Form 'A' shall be submitted by the employer to the controlling authority of the area.
(2)
A notice in Form 'B' shall be submitted by the employer to the controlling authority of the area within thirty days of any change in the name, address, employer or nature of business.
(3)
Where an employer intends to close down the business, he shall submit a notice in Form 'C' to the controlling authority of the area at least ninety days before the intended closure.


Kumar Doab (Expert)
13 August 2017


Competent authority under the Payment of Wages Act, 1936; the Minimum Wages Act, 1948; Commissioner under the Workmen Compensation Act, 1923 and controlling authority under the Gratuity Act, 1972 to hear and decide the cases filed by workers or their representatives;
Disposal of cases under the Uttar Pradesh Industrial Peace (Timely Payment of Wages) Act, 1978 within a period of 30 days.

Speedy and timely redressal of complaints and grievances of workers through conciliation proceedings and enforcement of labour laws with a view to establish harmonious industrial relations and payment of dues and benefits guaranteed under various labour laws. This whole process is completed within a period of 15 days.


http://uplabour.gov.in/LC/StaticPages/Functions2.aspx

Kumar Doab (Expert)
13 August 2017


What exactly is your intent now: Claim forced resignation hence term it as Termination, deemed termination…………..claim reinstatement with back wages, damages, or notice pay/retrenchment/payment of all pending dues or agitate against adjustment of notice pay in FnF and squaring off your dues by HR since you have probably resigned without any notice period……………etc etc ?



What are the irrefutable evidences that you have to support and establish your averments, contentions?

Kumar Doab (Expert)
13 August 2017

Gratuity: Write to (employer ) good offices of appointing authority/MD/CEO/Chairman-Chairperson/Board etc that ‘Notice of Determination of Gratuity’ and payment and requisite forms have not been supplied to you, despite representations to Mr/Ms………….on dated…………………at………………in person/by phone call/email/letter etc………………..
You shall be eligible for the payment of interest @10 %pa from LWD for delayed period………..

Bonus; Which Bonus? Statutory Bonus as per Payment of Bonus Act or some performance bonus…..?
Write to (employer) good offices of appointing authority/MD/CEO/Chairman-Chairperson/Board etc that bonus for period has not been paid!

PF/ESIC: Are you covered by def. of wages for both? Did employer deduct employee’s contribution from wages?


Kumar Doab (Expert)
13 August 2017


Has employer issued and supplied copy and acknowledgment and acceptance of notice/resignation tendered by you, Correct FnF statement showing computation of earned wages till LWD/bonus/Gratuity/incentives/reimbursements/leave encashment etc etc and adjustments if any say; Notice pay etc……, payment of FnF dues as per Correct FnF statement, service certificate, relieving letter, salary slips of all months, Form16 as per Correct FnF statement, acknowledgment of handover of charge/assets, NOC/NDC, PF number a/c slips of all years , ESIC card………… etc etc?

Kumar Doab (Expert)
13 August 2017

The establishment operates in how many states?

Kumar Doab (Expert)
13 August 2017

Favor, Fraud both start with same word...............

Both have altogether different meaning and scope.


If employer does pay in time then it is not Favor.....!


Kumar Doab (Expert)
13 August 2017

GO thru; Sec;9 mentioned above carefully and 'WHOEVER' avoids to pay Gratuity...........and cost and consequences.....

Rajendra K Goyal (Expert)
13 August 2017

Submit form for claiming gratuity.

Send registered AD letters claiming your dues.

If no result lodge complaint with the labour department.


Mr. Ashish Nirala,

If from the above 10 posts of Mr. Doab you have found any specific way how to act in order to extract your gratuity etc., from the company, you may please give him 10 likes by clicking "like" against each of his post.


I endorse the advice of Mr. Rajendra K Goyal.

Kumar Doab (Expert)
13 August 2017

You may also go thru:

The U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962

Sec: 18,19,20

20. Termination of employment by an employee.—(1) No employee, other than an employee engaged for a specified period or in a leave vacancy, shall terminate his employment, except after notice of thirty days, or of such longer period, as may be required under the terms of his employment.

(2) Where an employee fails to comply with the provisions of sub-section (1), his unpaid wages for a period not exceeding fifteen days may be forfeited to his employer.


Kumar Doab (Expert)
13 August 2017

Discuss with elders of your family, competent and experienced well wishers, seasoned employee's/trade union leaders, a very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service matters having proven track record of handling such matters and decided/won cases ................and proceed further expert advise of your counsels and well wishers...........

Kumar Doab (Expert)
13 August 2017

In case you decided to write for Gratuity then as suggested by me and Mr. Rajendar K Goyal;
Write under proper acknowledgment to (employer) good offices of appointing authority/MD/CEO/ChairmanChairperson/Board
etc that ‘Notice of Determination of Gratuity’ and payment and requisite forms have not been supplied to you, despite representations to Mr/Ms………….on dated………………… at………………in person/by phone call/email/letter etc………………..and FormI is attached.
There are many illustrated threads at LCI on Gratuity:
http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49
e.g;
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

You can download the FormI and procedure, citations also from above mentioned links and links posted for you by me in my previous posts...

Ashish Nirala (Querist)
13 August 2017

Thanks for all of you for your valuable suggestion

Kumar Doab (Expert)
14 August 2017

Dear LCI Querist @ Mr. Ashish Nirala,

You are welcome.

Rajendra K Goyal (Expert)
14 August 2017

Expert P.S. Dhingra Ji,

Thanks for agreeing.



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