employer forcing employee not to demand gratuityn all....
mohit kumar bhati
(Querist) 07 July 2011
This query is : Resolved
sir, my father is working in a company named "Bhati Thread Co."from last 35 years ,the co. is owned by his own brother who was adopted by an other person in his(uncle) childhood only ,now as he(my uncle) has expired in the last month my uncle's son are forcing my father to give them in writing that he(my father) will not demand any gratuity,bonus etc. & will also resign from the company just because as they are holding the docs of our own house situated in our village in the state of rajasthan & claiming that they have a will executed in their favour by my late grandfather for the half of the land,in a jiffy we also agreed to their demands but have not executed any kind of paer work with them .now we want to put up a case with those people for getting our so long dues of bonus n gratuity n all.....as suddenly our grandmother expired in the month of may we all came to our village n within 5 days of that my uncle also expired so all of their family members also came to the same place but now as we are returning to kolkata they are saying that my father has already been removed from the company as he didn't gave any application for the leave.......but as of a mutual understanding before this they (my uncle & his heirs) never followed this rule of leave application & didn't applied it to any employee of the said co.
please suggest us the best procedure in the matter to follow so that we can get our rights fulfilled.......hope you people will tell us the best remedy in this matter
Note:--my father has also not recieved bonus for last 15 years & never also demanded it as my uncle took advantage of the fiduciary relation among them...he(my father) also has given an amount of rs.45000(his lic bonus reciepts) into the co. properly recorded in books as seen by me
mohit kumar bhati
(Querist) 11 July 2011
experts please reply ASAP on this matter...................
RAJU O.F.,
(Expert) 11 July 2011
Send a lawyer notice through an advocate practicing for employees in labour court.If necessary, claim your dues through labour court.