Civil Procedure Code (CPC)

gratuity case


Dear/Madam I have filled a gratuity case. employer never told me the salary breakup and never give salary slip. so I filled the case with full drawn salary that is rs. 16300. today his lawyer crossed me and told your basic is 8237 according to this rs. 33480 is right amount. and submitted that if basic is 8237 then you pay me 33480. I asked for breakup salary between when his lawyer crossed me. I want to ask only one question that how I will receive the the breakup of salary when submit the cheque. aur any document to be ready by labour officer in which all the thonga mention in. plz guide me.
 
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Labour Law Advocate

If there is no salary breakup during your tenure of service, the company cannot take the plea of salary break at the stage of hearing before controlling authority under the Payment of Gratuity Act only for the purpose of reducing quantam of gratuity.

Stick on your demand of gratuity on the consolidated salary if breakup was not in existence during your tenure of service.

 
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FIN

What is narrated in appointment letter about Salary? Is basic and DA mentioned in appointment letter or CTC sheet or increment letter duly signed by you?

Did you not ask for salary slips of all months while in employment in writing under proper acknowledgment? Is basic and break up mentioned in salary slips?

Did employer ever pay OT? If yes how was IT calculated?

Did employer ever pay PF, ESIC contribution? If yes how was IT calculated?

Did employer ever provide Form16? If yes how was I.Tax calculated?

Did employer ever pay incentives? If yes how was IT calculated?

Did employer ever pay leave encashment? If yes how was IT calculated?

 

Did you not ask for ‘Notice of Determination of Gratuity’?

More Imp. is that even if employer did not provide these, why did you not ask for these while in employment?

Have you not met/consulted seasoned employee’s/trade union leaders and a your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/Service matters and having successful track record in such matters ……and worth his/her salt……?

 
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FIN

 

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

I your designation covered by Min. wages in by state/central rules?

 

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

 
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FIN

 

GO thru:

 

Payment of wages Act, 1936; 13A

http://www.ilo.org/dyn/travail/docs/625/Payment%20of%20Wages%20Act%201936.pdf

THE PAYMENT OF WAGES (AMENDMENT) ACT, 2017

 

https://labour.gov.in/sites/default/files/PoW%20Amendmend_0.pdf

Payment of Wages (Procedure) Rules in your state…

Min. Wages Central Rules; 26(3,4)

https://labour.gov.in/sites/default/files/TheMinimumWages_Central_Rules1950_0.pdf

and various registers prescribed under  (Name of your state) Shops & Estbs Rules framed under Shops & Estbs Act...........

If consolidated salary is mentioned therein ................then employr is defeated on IT's own contentions...

If Break up is mentioned then maintain your claim......

 
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