Undue claims by an employee.
Venu Gopal S
(Querist) 15 August 2012
This query is : Resolved
We had asked a worker to vacate the free quarters allotted to her in our coffee estate, as it was required for new worker who is from a far off place and no house, whereas the worker in question has a house nearby. We have not retrenched her but asked her to come for work commuting from home. She has served for 4+ years, and we have purchased the estate 3yrs 8months ago. Total regular employees in the estate is only 5 now, it was max 8 earlier.
Now she is not prepared to vacate the house, but demands provident fund, leave salary, gratuity etc. We have been giving addl one month salary as bonus and leave salary as per their attendance every year. We also let weekly holiday.
Our lawyer says she is not entitled for any more payment and she can be evicted through legal process. What really are the options before us?
Sudhir Kumar, Advocate
(Expert) 15 August 2012
PF and gratuity cannot be claimed by employee as long as in service. She can only claim advances from PF.
4.5+ years of service not 4+, will make her entitled for gratuity after retenchmetn or resignation.
You have basically denied a facility to her which she enjoyed earlier. Your intention to accommodate more needy employee may not be much relevant. For this she can approach labour court. This appears to be a mistake on your part.
Legal process for vacation of the house will defeat your prupose of giving the house to another employee who is junior.
