Payment of gratuity and due leave and one months salary
Debi Prasad Basu
(Querist) 27 April 2012
This query is : Resolved
Dear Experts
I request to you to show me proper guideline through which I could recover my father's retirement dues
Fact of the case is as follows.We stay in kolkata, my fathers worked in one of the renowned electronic marketing company in kolkata( Present turnover 3000 crores). He served the company for 22 years and retired from company in 2002 .After retirement his retirement dues are not paid . After long exchange of letters company paid PF in 2003, there after he filed a Title suite in 2006 with City Civil court in Kolkata and in 2009 company representative called us in kolkata promised verbally that if we withdraw the suite then they would pay the amount due to us . He died in 2009 december and case was finally withdrawn in 2011. There after company gave clearance to LIc for refund of the annuity doposit lying with LIC. But till date company did not paid gratuity lying one months salary and leave encashment.
I request experts to provide me proper guidelies through which i could recover my father's due with out much litigation
Thanking You in advance
Debi Prasad Basu
Sankaranarayanan
(Expert) 27 April 2012
who with drawn the case? why without any written assurance with drawn the case. Ask a lawyer to send a notice by your mothers behalf
Ahmed Daud Girach
(Expert) 28 April 2012
Approach Gratuity authority under gratuity act i.e. Asst Commissioner of Labour are usually given jurisdiction to entertain the application.
His entitlement of gratuity will be : Formula
(BP+Da)*completed years of service*15
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Simple application will do.You are entitled to interest also.Usually they grant interest @ 6 to 9 %
for leave encashment apply under Sec. 33 (c) 2 of ID Act -usually called recovery appliation.to Labour court of your area.Difficulty if any you may post here will be replied in due course.
Usually Leave Encashment is paid for balance of E/L at the time of retirement upto 300 days and in govt now they pay balance of HAP also.You may claim both types of leave.if record not available with you claim 300 full E/L.
prabhakar singh
(Expert) 29 April 2012
You are very well guided by Mr.Ahmed Daud Girach.
