Gratuity non-payment


Hello Everyone,

I just wanted your advice on, as i have worked with BMA Wealth Creaters, based in Kolkata for more than 12 yrs. The company is been blacklisted by SEBI now. I have already sent a legal notice to them but nothing was in place. Please guide me where i should notify further to get the eligible amount. ( Copy of the letter submitted to The Controlling Authority, Kolkata:700001)

"

The applicant is an employee of the above-mentioned employer/nominee of late Richa Chaturvedi an employee of the above-mentioned employer/legal heir of late M/s. BMA Wealth Creators Ltd. an employee of the above-mentioned employer and is entitled to gratuity under Section: 4 of the Payment of Gratuity Act, 1972 on account of his own/aforesaid employee’s superannuation on his own retirement/aforesaid employee’s resignation on 01.11.2018 after completion of 12 years and 8 months or 13 years of continuous service /his own/aforesaid employee’s total disablement with effect from with effect from due to accident/disease/death of the aforesaid employee on

The applicant submitted an application under Rule: 4 of the Payment of Gratuity Act, 1972 on 29.04.2019 but the above-mentioned employer refused to entertain it/issued a notice dated the under clause of sub-rule of rule rejecting my eligibility to payment of gratuity. The duplicate copy of the afore said notice is enclosed.

The applicant submits that there is a dispute on the matter.

The applicant furnishes the necessary particulars in the annexure hereto and prays that the Controlling Authority may be pleased to determine the amount of gratuity payable to the petitioner and direct the above-mentioned employer to pay the same to the petitioner.

The applicant declares that the particulars furnished in the annexure hereto are true and correct to the best of my knowledge and belief."

Date of appointment: 01.04.2006.
Date and cause of termination of service:
01.11.2018, Resignation.
 Total period of service: 12 years and 8 months or 13 years.

Thanks & Regards.

Richa Chaturvedi

 
Reply   
 

contact the local labour officer fill form c and proceedings will be started.
let me know for more information
 
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Thank You for response, as my first hearing was scheduled with the district court, it was adviced that i need to get in touch with the central governing authority, as the company was holding branches PAN India. So please guide me with whom i can get in touch in Kolkata for further proceedings, as tried to fetch the information for Labour Officer for Kolkata. But Unfortunately was not able to get the correct information.

 

 
Reply   
 

1. you are required to contact the authority under payment of gratuity act of concerned area,

2. contact the local labour officer or a local lawyer, who will guide you properly for the rest of the process,

3. feel free for any further query 

 
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Labour Law Advocate

It appears that you have intially filed FORM N before the Controlling Authority at Church Lane, Kolkata 700001. Here, matters related to State Government are looked into. 

If your employer has branches across India, they your appropriate government would be Central Government and NOT State Government. If that is the case, you have to file your claim before the Central Government Controlling Authority which is located at Nizam Palace (Beside Hotel Hindustan International). Otherwise, the procedure for both Central and State Government are almost identical. 

 
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