gratuity
raghavendra
(Querist) 30 December 2010
This query is : Resolved
we have terminated from the service in the year of 2008 .gratuity not paid, we filed the application before controlling authority , still case is pending company representative not attend the cas prpoperly ,
can i prosecute against the company
if , yes ,what is the procedures
can i get some judgement regarding this ,applicant can prosrcute against respondent during the pendency of the application
Kirti Kar Tripathi
(Expert) 30 December 2010
The provisions regarding penalty and cognizances of offence under the PGA are as follows
PENALTIES. - (1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.
(2) An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made there under shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both :
Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition of a fine would meet the ends of justice.
11. COGNIZANCE OF OFFENCES. - (1) No court shall take cognizance of any offence punishable under this Act save on a complaint made by or under the authority of the appropriate Government : Provided that where the amount of gratuity has not been paid, or recovered, within six months from the expiry of the prescribed time, the appropriate Government shall authorize the controlling authority to make a complaint against the employer, whereupon the controlling authority shall, within fifteen days from the date of such authorization, make such complaint to a Magistrate having jurisdiction to try the offence.
(2) No court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under this Act.
Thus unless you are not permitted by the appropriate government, you can not file prosecution under the Act. In case appropriate government permit you to file prosecution before judgment or during the pendency of case, you can not file prosecution. So first apply for prosecution before appropriate government, than think to file case.
raghavendra
(Querist) 30 December 2010
thank you very much for valuable suggestion ,
can it possible to begin prosecution during the pendancy of this case,
can i get soemjudgement regarding this
Kirti Kar Tripathi
(Expert) 31 December 2010
During the pendency of the case,you can seek permission from appropriate government but it is for the appropriate government to grant permission or not.
Ajay Bansal
(Expert) 31 December 2010
Do as above if satishfied otherwise you may file a civil suit.
