Advice me what to do. this is not an academic query.
BISWAJIT SENGUPTA
(Querist) 02 December 2015
This query is : Resolved
Sir,
This incident is happened to me. I am an executive officer have been working with the company since 1980 and had got from promotion clerical grade to executive officer post from 2001. The company has closed under suspension of work in Nov 2005 on No work no pay basis.The company applied for sick industry in Bifr and subsequently Bifr approved the scheme. In Bifr order it has been mentioned that the company reopened on 2009. But some employees including myself have not been informed. The company has reopened the business in same place and within 5 years. At this moment I have retired from my service on 3rd October 2015 as per service rules of the company i.e. 58 years is the retirement age. Till date the company does not bother to ask me to go and take all my dues like PF, gratuity, leave salary, salary and other benefits. Sir, this is not an academic query it is fact and is happened to me. Sir please advice me what steps I have to take and what claims I have to lodge to the company in this regard.
Please sir advice me.
BISWAJIT SENGUPTA
(Querist) 03 December 2015
Respected Sudhirji,
You asked me to discuss elaborately the case if it is genuine. That's why I have repeated my case elaborately for your reference.
Please let me advice in details. Waiting for your reply.
P. Venu
(Expert) 03 December 2015
You may serve a Notice, preferably, through an advocate demanding the dues and if no satisfactory response, may approach the court of law.
Kumar Doab
(Expert) 04 December 2015
You have initiated many threads.
As far as zist of the matter is concerned, it has been replied.
Invariably you have been advised to consult an able counsel to proceed further.
http://www.lawyersclubindia.com/experts/Further-query-against-mt-previous-one-379066.asp
http://www.lawyersclubindia.com/experts/Gratuity-473971.asp#.VmE-RV5-jMo
"Before you resign or contemplate resignation it shall be appropriate to visit in person a competent and experienced labor consultant/service lawyer in person with all documents on record, give inputs in person, spend quality time with lawyer and understand the options and merits in each option.
Your lawyer may opine that provisions of Section 22 of SICA may not operate.
Usually it is stated that the Gratuity shall be governed by Gratuity Rules or Payment of Gratuity Act, 1972
whichever is more beneficial."
http://www.lawyersclubindia.com/experts/Gratuity-474111.asp#.VmE-3l5-jMo
http://www.lawyersclubindia.com/experts/rules-under-sick-industry-476116.asp
http://www.lawyersclubindia.com/experts/Whether-my-demand-is-legitimate-in-the-eyes-of-law--546346.asp#.VmFBel5-jMo
http://www.lawyersclubindia.com/experts/Seeking-your-good-advice-regarding-my-query-published-on-yesterday-at-12-30-am--546476.asp#.VmFCGl5-jMo
http://www.lawyersclubindia.com/experts/CLAIM-FOR-DUE-SALARY-OTHERS-563311.asp#.VmFCVl5-jMo
http://www.lawyersclubindia.com/experts/Compensation-572506.asp#.VmFCvV5-jMo
Beyond this you need to consult an able counsel specializing in labor-service matters with all record.
You have already submitted many representations and none have moved the company and you have not fetched any relief.
Therefore you need to knock the doors of courts of law.
Hence you may first consult an able counsel and then approach court of law.
You shall need to firm up the fee, T&C etc with your counsel for consultation and case on your own.
K.S.Srinivas
(Expert) 08 December 2015
You can file an application to the company requesting for the settlement of your retirement benefits. If no positive response, the file petition in the court.
