Re: gratuity recovery certificate certified copy

Sandip (Querist) 12 April 2021 This query is : Resolved
Repected Experts,

I have filed Gratuity recovery application to Labour Commissionar office through an Advocate which I got order for recovery on gratuity then filed Form T to generate recovery certificate to proceed for recovery of my gratuity amount to collector.
When it was getting too late I approached to controlling authority i.e. Asst. Labour Commissionar via email and came to know that it was issued already and they sent copy of certified letter on mentioned address in Form-T, and sent me photo of it via email. By looking into letter I came to know that the contact person who filed my application have mentioned his address as C/O instead of my address hence I did not recieved the letter.
I went to him to collect my letter but he denied to give me original and said that he is authorised person to recieve the copy for further proceeding in my recovery application.
I read entire Gratuity Recovery Act 1972 and no where found that advocate is authorised since the recovery application can be filed by applicant, nominee or legal heir only.
I would like to know that is it legal that he is not giving me the letter which is on my name. If not that what should I do. Is there really advocate required in such application since it is not writ petition or any legal calim filed in court?

Please advise.

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Quick Summary

An individual filed a gratuity recovery application, which resulted in an order for recovery. However, the recovery certificate was mistakenly sent to the advocate's address instead of the applicant's. The advocate is now refusing to hand over the original certificate. The applicant is seeking advice on whether the advocate is legally entitled to keep the certificate and what actions can be taken, including potentially filing an FIR.

Isaac Gabriel (Expert) 17 April 2021
File form T before the controlling Authority to invoke the revenue recovery Act .

Sandip (Querist) 17 April 2021
Kindly review my query again since all process of Form T submission along with issue of recovery certificate is done, I have issue with Address since my contact person has mentioned his address instead of my address so he received the copy of recovery certificate and now he is denying to that letter to me, so wanted to know whether legally he can keep it or I can move with file FIR against him, if yes under which section? Please assist.

Isaac Gabriel (Expert) 17 April 2021
You can file writ in the HC for direction to the managementn for complying with the direction..

T. Kalaiselvan, Advocate (Expert) 26 May 2021
Your similar query on a different thread was answered by many experts including me, you may visit that thread for more information.

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