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Rohit Kurmi (self employed)     22 December 2010

gratuity

Dear All

i am having lodging house of not  more than 9 emplouyee

i terminated 5 of them  for there misconduct and misappropriation of fund and for using lodging house for unlawful beer bar purpose , a com,plaint is also been lodged in concerned police station

now they all have issued me notice to pay grautity as they were all working more than 5 years, without any agreemnt made between us, no document shows that they were employed , however can we show to court that , we have appointed them on daily bases.

as they had misappropriated fund, due to which their service has been dicontinued.

can i be liable to pay grautity, despite oftheir misconduct and not any fault on my part.

plz reply fast urgent

thanks 



Learning

 1 Replies

Isaac Gabriel (Advocate)     23 December 2010

Bonus Act and Payment of Gratuity Act is not applicable since the number employees fall short of the requisite number of 10


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