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Ajith Kumar (Otehr)     04 December 2011

How to prepare an affidavit for ex parte order - urgent

Sir,

I was an employee of a private firm and worked there 7 years. After resigned from there, I forward my application for Gratuity in Form No. I under sec. 4(1) payment of Gratuity Act, 1972.

Since no reply received from the employer, I forward application for direction in Form No. N before the controlling authority (district labor office) under payment of Gratuity Act, 1972.

The controlling authority issued a notice in Form No-O to employer for appearance. During the first hearing the employer submitted a written statement before the controlling authority that my application for gratuity was under precess and would be settle at the earliest. 

But the employer was absent in the subsequent hearings. So the ontrolling authority declared the case as ex parte and suggested me to submit an affidavit in the next hearing.

Sir, I have no advocate. So kindly guide me to write an affidavit for submitting before the controlling authority.

Shall the affidavit be submitted in Rs.50/- stamp paper?

With regards,
Ajith.



Learning

 3 Replies

Advocate M.Bhadra   04 December 2011

Your query is not clear,who is the Controlling Auhority,you should file an Affidavit-in Chief at the time of ex-parte hearing no need of stamp paper,it is just need of court fees of Rs.2/- to be affixed on the said Affidavit-in-Chief.You can contact with a local lawyer.

Ajith Kumar (Otehr)     04 December 2011

Sir,

Assistant Labour Officer is the Controlling authority in my case..


May I download any model affidavit any where from internet?

Kumar Doab (FIN)     04 December 2011

Rules of payment of gratuity are enclosed. The staff in o/o labor commissioner can also provide you the format of affidavit. A lawyer/labor consultant can also provide the same.

You should not miss the date and should appear on the date. Refer to rule 11(5)


Attached File : 60926 231252 8 rulesofpaymentofgratuity.doc downloaded: 159 times

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