Grauity-eligiblity

Looking into last post of the querist;

The order of termination is speaking order. Without opportunity of hearing/ natural justice the order of termination (speaking) can be termed bad order.

Asking employee verbally not to attend office or blocking access etc can be termed ‘Deemed Termination’.

In such cases compensation/notice pay/damages may get fastened on employer.

It is upto the querist to accept or decline to accept verbal order of termination and agitate.

The employer after resorting to verbal termination (that may be good for nothing) can also pay FnF dues/Gratuity in a/c of employee or by cheque. Mere supplying such payouts may not necessarily amount to acceptance of termination. Employee can return/refund such payouts on his/her own or per order by Authority/Tribunal/Court of Law. 

If employee is made to work on holidays (paid holidays) employer is under obligation to tender OT, compensatory off.

Employee can agitate on these grounds also.

Querist can also agitate that he worked on paid holidays but employer has not marked his attendance on such days (illegally) to escape from obligations.

If company does not have resignation by employee, termination letter then on what grounds and strength of which record IT has decided date of reference and made calculation for preceding years………..?

Although the reply submitted by designated person to The Controlling Authority, points to admission of establishment, having effected separation. Now IT is under obligation to submit the document(s) pertaining to separation/severance of employer-employee relationship, per provisions of service conditions drafted by IT, applicable standing orders (Model/Certified).

The querist/any employee can ask to supply; ‘Notice of Determination of Gratuity’  that should contain DOJ-LWD, (Basic +DA) as per last drawn salary, NO. of years I service…………….

Gratuity= {(Basic+DA)/26*15*No. of years in service}

(Basic +DA) as per last drawn salary

After 5 calendar years; No of years=1 if employee has worked >6 months ………..and ……………….. No of years=0 if employee has worked <6 months…

Sir

What i Should do now please guide me sir

with regards

Mainuddin.N.K.

Represent to The controlling authority and counter.

Are you being supported by some Senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters or employees/trade unions or represented by some seasoned authorized representative?

If you are confident of handling the matter in person you can appear in person.

It shall be better to take help of seasoned LOCAL counsels, unions, authorised representative.

Dear Kumar Doab sir

First of all thanks a lot for you'r concern.Sir I want to just submit the print out of section 2(a)  240 days uninterupted service submit before the labor officer myself.Is it ok or not,and guide me anything else i should submit or do.

Regards

Mainuddin.N.K.

The Act and amendments is in knowledge of the Controlling Authority.

Mention of the clauses is usually sufficient.

There is NO harm in submitting printout of Extract of clauses or Act…… and even judgments. 

From your last posts it is felt that you may preferably take help of seasoned employees’/trade union leaders/Authorized representative/ LOCAL counsel of unshakable repute and integrity specializing in Labor-service matters and having successful track record.

Avoid posors/impostors that loiter on line portals to allure unsuspecting querist to fleece them.

Inquire LOCALLY and you can find out the top counsels/ Authorized representatives/ employees’/trade union leaders.

Take elders of your family/competent and experienced well wishers in confidence and they can also help you.

If you wish you may send your details by PM in a format that PM can be opened. Mention title of your query in the subject line and weblink of the thread in your PM. I shall try and send some links to you. You may pick up the relevant points.

You may go thru simple illustration at:

Off days, holidays are counted in service period for the Payment of Gratuity !

https://www.lawyersclubindia.com/articles/Off-days-holidays-are-counted-in-service-period-for-the-Payment-of-Gratuity--8669.asp?utm_source=article_mailer&utm_medium=email&utm_campaign=article_followup

and share it with affected colleagues!

Dear Kumar Doab sir

  This is to bring your kind attention that nobody from my company is attending the hearing before the Labour officer(They have skipped 2 hearings),what i should do now or what I should tel the Labour officer.I feel that they are even negleting the Labour Officer.Please guide me what i should do now.

with regards

Mainuddin.N.K.

Which matter you are agitating before Labor Officer?

Termination or Gratuity?

The Labor Official is approached under provisions of ID Act or Shops & Estbs Act………………or Payment of Wages Act?

The establishment has already submitted a reply on appropriate govt….!

The concerned official may submit his/her report if establishment is not attending the hearings…after having granted sufficient opportunities! You should get a copy.

Get in touch with LOCAL counsels as already suggested…and get local help as well.

Sir

Iam asking for Grauity fund,Is karnatak Govt.Labour officer has the right to deal the case or not.

The appropriate government is the objection taken by establishment….

IT is good that they have denied to pay the Gratuity on flimsy grounds i.e. NO. of days….

Generically speaking the No. of days is;   08M02D….

Get certified copies of all docs/reply submitted by company….

Request the Inspector to submit report and give you a certified copy…