Is it a State Govt or Central Govt. Institute or Private Inst. Affiliated with NCHMCT or it is a Private Inst. Affiliated with some university?
Do you have copy of the service rules/conduct rules/exit policy/severance policy and appeal rules, FNF settlement rules?
Did ‘A’ circulate to all employees that a new management shall take over stock, flock and barrel and did it issue any guidelines for employees?
Your lawyer would require all details. Approach your lawyer as ap, and proceed under expert advice of your lawyer.
“I have given in writing that till the time I get my gratuity and by dues from A I will not vacate the warden house”
Sometimes such head on approach may fetch results, however you are closest to the facts and you would know what can be the next step of the management. It could have been better to approach your lawyer before submitting anything in writing.
It is felt that termination should be avoided.
If you decide to resign, you may negotiate properly and tender notice of resignation under proper acknowledgment.
In case ‘A’ claims lay off it has to tender lay off compensation as described in Standing Orders of the Institute, appointment letter…..It could be notice period compensation.
“so faculty working with 'A' stayed and till February 2013 we got our salary from 'A'.
So far your salary is disbursed by ‘A’ and no offer letter/appointment letter is issued to you. Then ‘B’ has expressed its decision to terminate you, even if verbally.
If you are eligible to get Gratuity, being a statutory benefit you shall get it.
You may submit FormI ( Obtain latest version from DLC in local o/o Labor commissioner) under proper acknowledgment to ‘A’ and ‘B’ and let them state whatever their stand is.
If company has taken the Gratuity policy from LIC then the FormI by the employer is needed to be forwarded to LIC for disbursement of payment.
Payment of Gratuity Act, 1972
Section: 2A
Continuous service.
The Section 2 (a) (i) -----190 days = 1 year if company operates 5days/week.
Section 2 (a) (ii)-------240 days= 1 year in any other case (if company operates 6 days/week).
Section 2 (b) (i) (ii) Explanation (i) may also be looked into.
Section: 7
Determination of the amount of gratuity.
(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.
(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within……….. simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify:
{It is felt the interest is @10%}
(4)
(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.
(c)] The controlling authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee…………..
(5) For the purpose of conducting an inquiry…………..
(d) issuing commissions for the examination of witnesses.
Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under subsection (4), or deposits with the appellate authority such amount.]
Section: 8
Recovery of gratuity.
Section: 9
Penalties.
(2) An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made there under shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both:
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