Gratuity

Ashesh Trivedi (Querist) 06 May 2016 This query is : Resolved
My Wife is working in Stabicoat Pharma Chem Pvt.Ltd. since 13 years in Ahmedabad. Due to bad condition of this company, they have started new company named Stabicoat Vitamins.

When she was being transferred from old company to new company, she asked for gratuity, but instead of giving the same, they kept her name in old firm.

other Staff members are being transferrred to new company with all benefits like EPF,Gratuity,etc.., but they denie to give same to my Wife.

Note: At the time of joining they did not gave appointment letter to my wife. As they do not give to anyone.

Can my Wife, If claims for Gratuity, can get the same & if we put a case against court, shall we also Claim for EPF? & also can court order her employer to give all benefits to her by transferring her name to new company?

If yes, than let me know quickly. I want to get answer on my email id- ashesh3127@gmail.com, as soon as possible.

Waiting for your reply.

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Kumar Doab (Expert) 06 May 2016
NO answer shall be sent at your personal email id.

Any reply shall be in this thread only.

You can approach an able counsel specializing in labor-service matters.

You may ASAP download the evidence of DOJ and continuity of service till date.

Transfer is prerogative of employer.

However you may download the evidence of transfer of other employees and financial health of the company.

While initiating such threads querist/employee should post full facts e.g;

What was your designation and nature of duties as in appointment letter and in practice?

Does standing orders (Model/standing) apply to establishment and your designation and do you have the copy?

What was last drawn salary?

Are you a member of employee's/trade unions?

Have you been getting salary slips of all months from DOJ till date,PF a/c slips of each year, ESIC card, Form16 of each year, Bonus of each year etc?

Rajendra K Goyal (Expert) 06 May 2016
All the documents need to be referred, discuss with local lawyer expert in service matters.

H.M.Patnaik (Expert) 07 May 2016
Pl. consult a local lawyer experienced in service disputes with all evidence /records of employment for proper legal advice/guidance.