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123456   25 August 2022

Gratuity and 420 case (counter blast)

Respected Sir/Madam,
I need a solution to my query about gratuity. I resigned from a private company (ABC) after serving 13 years in May 2021 and registered a case for a gratuity claim in the labor court, which is still ongoing. They didn't show up for the dates the majority of the time. On the last date (16th August 22nd), they came after 4 pm and threatened me too, threatening me with 420 cases of data theft and misuse or settling the whole matter for just Rs. 40000/-. I just wanted to know if they could sue me in a 420 case.

Check the below-mentioned points.

(Being an old employee, after my resignation, I promised to serve for 1 month till the new member took my desk. For this reason, I have the company hard disc to cooperate. I am simultaneously doing my side business, which supplies packing materials to the same company I was last working with and gives them a credit limit of 60-90 days. Payment is also pending against the goods supplied to the company of approx. 57000/-. It is still pending. When I asked the company to clear the balance payment, they alleged me for keeping the company hard disc unintentionally for misuse and monetary gain.)

Blame 1): running my own business simultaneously during my employment with a company, which is clearly cheating.

fact 1-(as there was no such clause in the company at the time of my joining that I couldn’t do my own business.)

 

2): Using company data for financial gain and performing personnel work during office hours

Fact 2 (I only have the hard disk, but I've never used it for personnel benefits and the handling of 3 profiles and had no time to do such things.)

 

points to be noted 1) Like PF, leave encashment and other medical benefits were written in the appointment letter (online/mailed copy), but they never gave or shared the details.

2) For the last 3-4 years, I have been doing and supplying packing materials to the company with GST invoices.

3) having the company's hard disc but failing to deliver due to the non-confirmation of balance payment. (having the WhatsApp copies for a reminder of balance payment and hard disk delivery)

 



Learning

 6 Replies

shashikant bhardwaj (content writer)     26 August 2022

9716254469

P. Venu (Advocate)     26 August 2022

Please post concise facts.

123456   26 August 2022

Respected Sir P. Venu

I resigned from a private company (ABC) after serving 13 years in May 2021 and registered a case for a gratuity claim in the labor court, which is still ongoing
In counter to that they threatened me with 420 cases: Blame 1): running my own business simultaneously during my employment with a company, which is clearly cheating.
Blame 2) Using company data for financial gain and performing personnel work during office hours for monetary benefits.

I have the company hard disk with me & The gratuity has in the final stage of Judgement, my query is for 420 case

P. Venu (Advocate)     27 August 2022

The gratuity ought to have been granted in the normal course. How come you had to file the case?

Creativebit (Private Job)     31 August 2022

Respected Sir P. Venu,
My request for a gratuity settlement and the entire computed sum were never shared. After exchanging numerous calls and reminders, they were attempting to reduce the overall cost of the situation to merely Rs. 40,000.
The only alternative available at that point is to bring a lawsuit in labour court.

P. Venu (Advocate)     31 August 2022

"After exchanging numerous calls and reminders, they were attempting to reduce the overall cost of the situation to merely Rs. 40,000."

Please post facts that are material.
 


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