The Payment of Gratuity Act, 1972
Q2. As per Section 2(r), "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of
service at the age on the attainment of which the employee shall vacate the
employment;
and as per section 2(q), “retirement" means termination of the service of an employee otherwise than on superannuation;
Shall the termination of an employee due to death be tantamount to termination with in the meaning of Section 2(q). (09-02-2010).
The Payment of Gratuity Act, 1972
Q1. As per section 1 (3), the act applies to every establishment where 10 or more persons are employed or……………………..
Shall an apprentice be interpreted as a person for the purpose of section 1 (3)?
It is clear through section 2 (e) that an apprentice can’t be an employee but shall he be the person for the applicability of Act to an establishment Where 10 or more apprentice are employed? (09-02-2010)
The Payment of Gratuity Act, 1972
Q3. As per Section 7(3A), “If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify:”
Why the interest is payable from the date of on which the gratuity becomes payable? Shouldn’t it be payable after the 30days from the date of on which the gratuity becomes payable, as employer is allowed to arrange to pay the amount of gratuity within 30 days?
Dear Sir or Madam,
I submitted my resignation on 31st of August 2009. My ex-company generated my last working day as 30 October 2009.
In final settlement they deducted my one day salary from my offshore and one day salary from onshore. The reason was given my ex-company that October month had 31 days and my last day of working was 30th october 2009, and hence they deducted my one day salary.
The rule of ex-company says, an employee must serve 60 days of notice. In my case, I suffice the rule and should get my full salary.
Could you please advise?
Regards,
Kajal Das
Is Mathadi Act is applicable to each and every factory situated in Pune ?
If yes, please provide Notification No. & date
Further, if the workmen of the company is doing loading & unloading work, in this case also Mathadi Act is applicable ?
Thanks & Regards
I need guidance as to
1, Is A college also entitled to follow the labour laws?
2, wht can be done if the college is not folowing the working hours and is not ready to change either.
3, is there any organisation or forum that can help keeping the individuals confidential
Dear Sirs/Ma’am
V need ur urgent instructions and guidance for this matter.
V r not mentioning the names of our clients here. Our Clients are A and B
A and B are appointed as Asst forest ….Van Rakshak Sahayak in August, 2009. On 6/01/2010 they were on duty n received information on phone that one track bearing no. MH 18……… illegally transporting the “ SAGI WOODS “ and coming near the client’s area i.e. Vansda from Chikhli. They immediately taken action against the said truck and stopped the truck n by following the procedure they asked driver to get out from the truck. Meanwhile driver managed to escape from the truck n ran away.
Mr. A was only near the truck n Mr. B was following ,after suspicion, the guy who had taken 2-3 rounds around the said truck , to inquire that y he is following the truck. The guy had Violent altercation with Mr. B and beats him every where on the body in a such a way that Mr. B hospitalized for one day. Mr. B called his officer to file the FIR for the same but Mr. Higher officer asked him not to go for FIR n he was also out for training.
After this incident, up to 31 January the news was published in every local paper in favour of Our client. But on 1st Feb,2010 our Clients received “ Dismissal Letter “from the Forest Department n reason was “ negligence during the duty “ . From 1st feb all local news papers reported negatively and false facts that our clients are involved in the misappropriation of cash n mentioned the allegation of hiding “ SAGI WOODS “. Forest Dept has not given the opportunity to present their case. Taken Statements of our clients V seen that statement was found correct in favour of our client.. N Departmental Inquiry is going to be held in a very near future. How n Y they sacked our client???????
Please Guide us, instruct us, Inform us…V know whole Forest department of the region will affect. Any more information required plz inform us immediately.Pl. Pl.Pl.
Dear all,regards
i am a medical representative,my company donducted a domestic inquiry against me on 5th Feb 2008, and DI was finished on 16th Sept 2009,still management did not give any decision,deliberately.while approx 5 months have been passed.during this period company is paying me only 50% of my salary as subsistence aallowance since the cammencement of the DI,still i am getting only 50% of my salary,
management wants to harass me mentally and finencially,they think,after getting too much harassment,i will live the company,s job,but i would not live the job,and if possible further i will fight legally in the court,
plese give me proper direction regarding this situation,
1. can i complain in local labour court for full salary?
2. can i complain in human right commission?for this harassment?
complaint against co-operative federation Ltd Urgent Please
1. My client is a agreement holder in the co-oPerative federation Ltd comPany to suPPly the milk for a Period of 3 years, accordingly some Period did successfully, after some time my client stoPPed the suPPly of milk, only my client agreed for transPort only the above comPany is also agreed my client also transPorted for a Period of 3 years, after 3 years agreement laPsed, there is no written agreement my client rendered transPort service after 2 months without any written consent from the comPany.
2. My querry is how to get the 2 months transPort amount from the comPany Please suggest under which section i have to follow to get 2 months transPort money,
3. My client executed agreement only suPPly of milk to the distributors but later my client agreed for only transPort there is no written consent from the comPany to transPort, comPany agreed to transPort orally.
3. How to get the money after laPsed the agreement my client rendered 2 months service extra without written consent, now how to get transPort charges Please suggest
4. If not given the transPort charges my client wanted to do dharna in front of the office, if do the dharna in front of the office what is the stePs to be taken to do the dharna, Police Permission or munciPal Permission etc.
5. how to follow Please suggest with sections or Procedure