Nadeem Shaikh 04 November 2015
Hi All!,
One of my client has been working with an insurance broking firm as Driver since 2002. Now, the company has been closed and my client has not been given any full and final amount. now my question is:
1. under what Act and Sections he has to file the case?
2. Whether he is eligible for gratuity under Payment of Gratuity Act?
what is the procedure to be followed while filing the suit?
PS: he stays in Thane, Maharashtra and the Company is also situated in Mumbai, Maharashtra?
Kumar Doab (FIN) 04 November 2015
The workman may find out the addresses/whereabouts/adreeses of owners ASAP.
Approach Inspector appointed under Min.Wages Act,Payment of Wages Act,Bombay Shops and Estbs Act,O/o Labor commissioner, DLC (Gratuity), higher officials of Dept. of labor................employee's/trade unions/Labor Law consultant.......
File complaint u/s406,420.........................approach higher officials of police........
Get the a/c's pf establishment/owners attached..............
Do everything that is possible.
State of Maharshtra has notifed that it is mandatory to get insurance for Gratuity. Usually it is thru LIC. If neccessary obtain injunction so that no amount is refunded to establsihment.
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