Gratuity

This query is : Resolved 
 


Querist : Anonymous (Querist)
13 November 2019

Dear Sir,
I applied to my ex employer for getting my gratuity after almost 11 years of continious service vide Form I and Form N on 07/12/2016 and 29/06/2017 respectively. My last date of service was 06/11/2016. The Controlling Authority here in Kolkata, West Bengal notified me and my ex employer to appear Vide Form "O". The OP was failed to appear and submit their AIC for 03 consequtive dates, hence my EIC was recorded on 07/06/2018 as per instruction from the Deputy Labour Commissioner.There after OP had started cross examine me which lasted for 03 days starting from 16/07/2018 and concluded my cross examine on 18/01/2019. They also didn't appear quite a few time during this period. Since then OP has only submitted their AIC but failed to appear before the controlling authority for OPW. They have escaped 10 months since my cross examination was concluded on 18/01/2019 by giving this or that execuses or may be asking for adjounment for the day.They didn't appear consecutive second day on last 11/11/2019 and once again controlling authority fixed up a date on 20/12/2019.

I tried to put up the scenario to the learned experts how the OP is trying to delay and dragging the process. I would like to know from the experts a) can OP delay the process as they have been doing, b) Is there any provision in the law to restrain such activity, c) Doesn't have the Controlling Authority any power to stop thiese practise and speed up the procedure.d) Is there any other authority where I can plea for a faster proceeding.

I look forward to your valuable suggestions \ advice and I welcome any suggestion from anybody which might be helpful for me.
Thanks & regards


Isaac Gabriel (Expert)
16 November 2019

You can insist the Appellate authority to pass oders citing the absence of the OP. You can get the amount deposited with the controlling auhority.

KISHAN DUTT RETD JUDGE (Expert)
16 November 2019

Dear Sir,
You may approach High Court for earlier disposal of your case by filing Writ Petition.



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