Re: gratuity recovery certificate certified copy

This query is : Resolved 
 

Online (Querist)
24 April 2021

Respected Experts,

I have filed Gratuity recovery application to Labor Commissioner 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. Labor Commissioner 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 received the letter.

I went to him to collect my letter but he denied to give me original and said that he is authorized person to receive the copy for further proceeding in my recovery application but as per gratuity act there is no advocate on record and its between employee and controlling authority.

I read entire Gratuity Recovery Act 1972 and no where found that advocate is authorized 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 then under which section it is illegal offense and what should I do. Is there really advocate required in such application since it is not writ petition or any legal claim filed in court?

Thanks




KISHAN DUTT RETD JUDGEOnline (Expert)
05 May 2021

Dear Sir,
You can get issue a legal notice through another advocate or approach Bar Council.

SandipOnline (Querist)
05 May 2021

Dear Sir,

Thank you for your response and guidance. Please let me know if I report to police station will they consider my request and help me to get my documents back?

T. Kalaiselvan, Advocate Online (Expert)
25 May 2021

The police may not entertain your complaint because the appliction was originally sent with your knowledge.
Now the option before you is to issue a legal notice to the advocate and prefer a complaint against the rude and reluctant advocate before the concerne bar council for the desired relief.



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