Ajith Kumar (Otehr) 04 December 2011

How to prepare an affidavit for gratuity case - 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. Now the position of the case is for ex parte order. But the controlling authority instructed me to submit an affidavit in the next hearing for ex parte order.

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.

Reply Follow

2 Replies

Isaac Gabriel (Advocate) 13 December 2011

You need to state in first person the facts of the case and request for orders on your prayer.Nevethless,it as to be sworn in before an advocate and presented to the controlling authority.

Hemang (Advocate) 19 June 2012

Body of the affidavit:

I, ___________________________________, Adult, Hindu/Muslim, residing at ____________________ and being the applicant in the aforesaid claim for payment of gratuity under the Act, do hereby solemnly affirm and declare on oath that:

I have filed the claim as contemplated under the Act for determing the amount of gratuity as also for the appropriate relief. It may be stated on oath that the employer, who was served with the notices and summons appeared before this authority and submitted to the effect that the matter will be amicably settled and payment of gratuity made.

However, the employer has materially failed to make the payment of gratuity, and that the employer has remained absent and not attended the proceedings. It seems that the employer is not willing to discharge its statutory duty.

The matter is ordered to proceed ex-parte. I say that the facts stated in the claim form and application are true to my knowledge and belief. I further say on oath that no fact, muchless material facts have been supressed by me. That the matter has to be heard and decided ex-parte. The same may be proceeded in accordance with law after hearing me and evaluating the evidence..

The facts stated, hereinabove, are true to my knowledge and belief. I say no facts are supressed and matter be proceeded ex parte and adjudication be done in the larger interest of justice, fair play and equity.

Dated:

Place: Signature of the Deponent

Identified by me:

Advocate