cpc

gratuity of probation period refused,imprest money deduction


hi all,

My wife has worked in a private cbse school here for 8 years from 2011-2019 starting from a teachers post and ending up at the post of PRINCIPAL due to appretiable work .The confirmation letter was given on may 13.Now In feb 2019,the management forced her to give resignation from her by taking all the keys of the school and  resignation was given as per the wordings given by them writing a three months notice but she was fired and aked not to come from the same day.The full and final settlement day came in 23july 2020 after giving them warning on mail.Then what they did is as follows( 1.) They had prepared gratuity cheque of four years only from 2013-2018as according to them  2011-13 was not covered under gratuity due to probation period ans 2018-19 is not counted due to non competion of the year ( 2.) three months salary was deducted  as they say that it was mentioned in confirmation letter(yes it is mentioned) but thing to remember is the resignation was taken forcefully. (3). Some imprest money was also deducted from the dues even when the keys of office were taken immediately and there were no such money left with her.(4) There were no leave encashment given and no reason specified for that.Please suggest and guide...REGARDS

 
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Labour Law Advocate

You seem to have a good case and prima facie in my opinion you are entitled to gratuity since 2011 and school has also deducted the salary without any authority. However, for better suggestion one needs to go through her letter of appointment and resignation letter and other communications.
 
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Thanks for replying MR RITSEH,I have demanded both the copies from the school.The confirmation letter has mentioned with three months notice clause but the point is it was a forced resignation.So lets see if that works.What is the procedure for LABOUR COURT trials?

 
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Labour Law Advocate

Originally posted by : Manpreet Singh
Thanks for replying MR RITSEH,I have demanded both the copies from the school.The confirmation letter has mentioned with three months notice clause but the point is it was a forced resignation.So lets see if that works.What is the procedure for LABOUR COURT trials?

Since your wife was a teacher, in my opinion, she is not a workman under the ID Act and hence there is no use in approaching a labour court. 

 
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