Company not paying the settlement
Arun
(Querist) 24 June 2016
This query is : Resolved
Dear Experts
The company I have been working for last 12 years have been closed suddenly. They have not paid the pf dues to the government and they are remaining silent on the pending salary and the gratuity settlements.
Can any one guide us as to how to proceed on this
Thanks in Advance
Kappil Cchandna
(Expert) 24 June 2016
Sir,
Send them a legal notice claiming your money back.
Warm Regards
Kapil Chandna Advocate
9899011450
Kumar Doab
(Expert) 24 June 2016
Sudden closure is not permissible in law.
The company has to subscribe to the set law.
Before the company and owners disposes its assets approach a very able counsel specializing in labor-service matters and ACT ASAP.
The company and you are in which state?
Did the company obtain the mandatory insurance for Gratuity?
Are all affected employees united/
Arun
(Querist) 24 June 2016
We are in Chennai, Tamil Nadu. I think they don't have any insurance sir.
They had given pdc to one set of people alone those who were sent out one month before than us.
Rajendra K Goyal
(Expert) 24 June 2016
Discuss with local lawyer in service matters and file your claim legally.
Arun
(Querist) 24 June 2016
Sir
Does this claims have any time limit. And how much will this cost approximately.
Kumar Doab
(Expert) 24 June 2016
You may go thru:
http://www.lawyersclubindia.com/forum/Company-in-liquidation-77247.asp
Discussion > Labour & Service Law > Others > Company in liquidation Unanswered Threads Post New Topic
Kumar Doab
(Expert) 24 June 2016
You may go thru:
THE PAYMENT OF GRATUITY (CENTRAL)
RULES, 1972-1
In exercise of the powers conferred by sub-section (1) of section 15 of the Payment of
Gratuity Act, 1972 (39 of 1972), the Central Government hereby makes the following rules,
namely:-
3. Notice of opening, change or closure of the establishment.-
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 sixty days before the intended closure.
http://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf
Kumar Doab
(Expert) 24 June 2016
The Payment of Gartuity Act, 1972:
8; Recovery Of Gratuity
9. Penalty; WHOEVER
http://labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf
Kumar Doab
(Expert) 24 June 2016
Updated: July 25, 2012 10:33 IST
Many workers face risk of losing gratuity
“Most workers are not even aware of a rule that guarantees them gratuity under any circumstance. With no effort to create awareness, few can demand its enforcement,” rued R. Sudha Bhaskar, CITU state general secretary.
The State had failed to frame the gratuity insurance rules until last year, even as the Central Government had made the insurance mandatory under the ‘Payment of Gratuity Act’ in 1987 itself. As a result, scores of workers in companies that had not obtained insurances and were forced to shutdown, have lost their gratuity.
http://www.thehindu.com/news/cities/Hyderabad/many-workers-face-risk-of-losing-gratuity/article3681473.ece
Eventually AP notified the
Andhra Pradesh compulsory Gratuity Insurance Rules, 2011
http://www.lawyersclubindia.com/experts/Gratuity-to-contract-labour-443881.asp
Kumar Doab
(Expert) 24 June 2016
You may go thru:
Unpaid Wages/Dues are debt on employer;
Even senior employees can succeed to recover.
http://www.lawyersclubindia.com/forum/Unpaid-salaries-96772.asp
Kumar Doab
(Expert) 24 June 2016
What is this establishment; Govt/Private...............Commercial/Industrial
What is your designation and nature of duties?
Kumar Doab
(Expert) 24 June 2016
There is no ceiling, limitation on Gratuity and to approach the tribunal.
However delay can be condoned on merits.
But why to delay?
Kumar Doab
(Expert) 24 June 2016
Non Payment of Employer's=Employee's Contribution of PF is offence.
Act ASAP and lodge complaint ( under proper complaint) with RPFC with a copy to Addl. CPFC, CPFC.............
You (employee) can also lodge police complaint.
Kumar Doab
(Expert) 24 June 2016
What is the opinion of your own counsel?
Have you consulted?
Kirti Kar Tripathi
(Expert) 27 June 2016
You approach to concerned officers of the Labour Deportment of State, they are appointed as various authorities under the Various Labour Acts and are entrusted with the powers of implement the provisions of the Act. In case, they do not exercise the powers, you may approach the the concerned High Court seeking mandamus commanding the Authorizes to exercise their powers and resolve the grievances of employees
Kumar Doab
(Expert) 27 June 2016
You can benefit by acting on the advise of experts.
Prefer to engage a vert able counsel and to proceed under expert advise of your counsel.
The employer seems to be adamant not to pay until made to pay.
