gtatuity
raghavendra
(Querist) 01 January 2011
This query is : Resolved
sir.
i have filed application before controlling authority under gratutiy Act ,
my question is what are the documents i should produce to prove my salary and what are the documents management should submit prove my last drawn salary ,
in this case my contention is my last drawn salary is 11000/- pm , but mangament calculated on minimum wages Act and says for gratutiy 4500 only applicable ,
my contention is my last deawn salry is 11000/- i was paid consolidated salary ,and i was not given salary slip , i was receiving the slary from the bank account ,and i was not HRA ,and any incentives and dearness allownces ,and also not paid ESI PF ,
now my question is , is my contention is acceptable
Kirti Kar Tripathi
(Expert) 02 January 2011
You can file your salary slip or wage slip, You may summon the payment of salary records i.e. Salary register/payment register from your employer. you may also file the bank pass book as a evidence.
Ahmed Daud Girach
(Expert) 02 January 2011
Sec.2(S)Wages include all sums earned including dearness allowance except Bonus,Commission,HRA and any other allowance.You may submit your passbook and claim full amount i.e.11000 as salary when company replies say that it is obligation of company under payment of wages act to issue pay slip and nonissuance of slip is an offence and request controlling authority to accept your contention as company has not come with clean hands.Company is liable also under PF act you may apply to pf inspector or regional provident fund office of your area and offer deduction at the prescribed rate from your salary i.e.since you are now not with that company calculate say rs.11000 X completed months.divided by 12.Just offer (not pay initially)that amount and initiate actions under pf act.Further also start action against companyto labour commisioner under payment of wages act as they are not giving you payslips.This suggestion is only to create pressure on company to come to your line.
