Civil Procedure Code (CPC)

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Information@u (Business)     07 May 2020

Graduity

Sir

 

A person worked 7 years in company , also he enrolled in ESI,and PF norms.Recenty he quiet his job.Management refused to settle his graduity.  seeking your legal advive what to do next..



 9 Replies

KISHAN DUTT RETD JUDGE (RETIRED JUDICIAL OFFICER)     07 May 2020

Dear Sir,

Either to lodge complaint with higher authorities  or file a wirti petition or civil suit.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     07 May 2020

Originally posted by : Information@u
A person worked 7 years in company , also he enrolled in ESI,and PF norms.Recenty he quiet his job.Management refused to settle his graduity.  seeking your legal advive what to do next..

 

1.  File a grievance petition before the local district labour commissioner's office, against the employer, by annexing all the relevant documentary evidences.  You will surely get successful, in receiving your dues.

2. By legal default, you are entitled to Gratuity, for the seven years of service.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 May 2020

He can Submit  greivance to the chief labour commissioner at their work place.

kavksatyanarayana (subregistrar/supdt.(retired))     07 May 2020

He shall submit a grievance petition before the District Labour Officer/Deputy Commissioner of Labour of your area with necessary enclosures as he is entitled to gratuity as he has completed 7 years of service.

Dr J C Vashista (Lawyer)     08 May 2020

Very well advised by expert Mr. Hemant Agarwal and Mr kavksatyanarayana, I fully agree appreciate, if your job was covered under the provisions of Payment of Gratuity Act, 1972

1 Like

G.L.N. Prasad (Retired employee.)     08 May 2020

Every authority should designate one of their official as a Gratuity officer, and also should display the ACT in business premises at a prominent place.  The first step is issuing notice to the Gratuity officer or HRD bringing their attention to the nonpayment of such Gratuity and seeking specific reasons for nonpayment/delay.  Follow it up if that amount is substantial and ignoring that as pittance if the benefit is not much when compared with time and money spent.  After hearing the exact reasons as a reply to notice contact any Labour Commissioner office for proper guidance.

Information@u (Business)     08 May 2020

Dear sir

 

Thanks for your reply

Ritesh Maity (Labour Law Advocate)     08 May 2020

1. Send Form I - through speed/ registered post to your employer demanding the grauity. Wait for 30 days.

2. If the employer does not pay/ respond, file an application in Form N before the controlling authority appointed under the Payment of Gratuity Act (verify with your local area). If 90 days have already passed from the date of ceassation of your employment, then you need to file an additional petition for condonation of delay. 

 

Isaac Gabriel (Advocate)     03 August 2020

File an application under the Payment of gratuity act with the labour commissioner .


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