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anil mehrotra (assistant)     22 May 2015

90 days salary aginst notice period

Dear Sir,

Applicant was recurited and appointed on 16.06.2008 as Assistant Manager-Administration in management cadre on six months of probation period with a Infra company which is registered under Companies Act, 1956. Applicant was confirmed in service as per clause -5 of appointment letter on 15.12.2008. Clause-5 is quoted below:-

"After confirmation the termination of your services for reasons other than disciplinary action, will be subjected to written notice of three month on either side in lieu of therof."

But atonce an company e-mail on 24.04.2013  was sent by Vice-President-Corporate Affairs therein he was stated that the services of the applicant has been discontinued from the service on suplus ground not on was discontinued on performance ground. But another Officer-Administration was placed on 27.04.2013 at the same capacity of the applicant. In order to harass to the applicant various dues were also not cleared from the company stating that applicant's performance was poor and huge loss at site then after approching Regional Labour Commissioner (Central) & Controlling Authority under payment of  gratuity was paid and later on interest was also realesed to the applicant by the Company with the order that applicant's performance was outstanding and there is no loss as stated. Regarding issues of 90 days salary was also submitted to Regional Labour Commissioner(Central) but no order was given.

I have also requested to Managing Director of the Company to kindly pay my dues and 90 days salary immediatealy so that I can secure the life of my mother in law who is suffering from Cancer. I have required the payment my dues to save the life. But my mother in law was expired on 12.04.2015.

Kindly suggest and guide what type of action has to be taken against the company, about 13 nos of request and reminder has already been sent to MD, Chairman & Directors and also Corporate Social Responsibilities department of the Company.

Applicant

Anil Mehrotra

C-93, Raja Ji Puram

Lucknow

Mob: 8400481133

 



Learning

 4 Replies

bsrao   22 May 2015

You have complete case before Labour Commissioner. I do not think you can have any further claim than that have been addressed.

anil mehrotra (assistant)     23 May 2015

Dear Sir,

I am sorry to confirm that Regional Labour Comissioner(Central) & Controlling Authority under Payment of Gratuity Act has not taken up any action of 90 days salary against notice period in the final order of gratuity only as said it is not my juridiction. Where I can go for 90 days salary payment or how is the judiciary authority for this?

Kindly guide

A K Mehrotra

Kumar Doab (FIN)     24 May 2015

Aparently you are confusing the order passed for Gratuity and interest by controlling Authority of Gratuity....................

 

Anyone; Workman, NOn Workman ca approach the authority for Gratuity.

 

Did you contest the matter thru an able labor Law Consultant/Service matters lawyer/law firm or on your own............as PIP?

 

If your counsel opines that you are covered by the def. of 'Workman' as in ID Act....................then you may can approach the tribunal withut any limitation..................you may also succeed to claim retrenchment compensation...............

..................or you may have to face limitation of 3 years..............

 

Hope you have the copy of company's statement that your performance was outstanding and no loss was caused.

 

It shall be better to proceed further now under expert advise of able labor Law Consultant/Service matters lawyer/law firm or atleast seasoned Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS etc.............

 

T. Kalaiselvan, Advocate (Advocate)     27 May 2015

The matter can be taken up through a labor law practicing lawyer in your locality if you want proper relief, consult a lawyer locally  on further issues. 


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