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123456   26 November 2021

Gratuity related queries

Respected All,

I need your guidance on my gratuity case.

I filed a case in the portal (https://pgportal.gov.in/) for gratuity settlement which is not paid.

the portal shared the complaint with central and the UT authorities. now i started visited in central agency at chandigarh (Kendriya Sadan at sec. 9c).

now after 3 months i received a notice by ordinary post, to show my presence at Labour inspector at Chandigarh UT office at sector 30B (local authorities). my date to present is 25 nov. 2021 and notice received on 24 Nov 21.

on 25th Nov. i reached the labor office on time and wait for my call. after waiting for more than 3 hours the labour inspector told be to wait more or to withdraw case. when i argue for my right then they said you need to withdraw case from central agency (at sec. 9 C, Kendriya sadan). or transfer the case to us.

I want to know what is the right place for this case.

About the company against gratuity case : company has registered in Chandigarh, where i was worked for 13+ years.

also company has manufacturing unit in Another state (Himachal) Baddi.

 

 

 

 



 5 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     27 November 2021

take it in writing for withdrawl request from the authority and fight for your rights in the courts of law

If you have been denied gratuity payment by your employer, you can file a complaint under Section 8 of the act, against the company. The controlling authority, on hearing both sides, if satisfied with the employee's stance, can direct the employer to pay the gratuity that is due along with the interest on it.

P. Venu (Advocate)     27 November 2021

What is the subject matter of the complaint?

123456   28 November 2021

Respected sir, thanks for the reply, few things needs your opinion :

1) case is already in the desk of Labour inspector in 2 offices In the office (A) (central) come under the cases of companies has 2 or more offices in different states.-- where they are not attending the dates. 3 dates gone.

In the office (B) local office of Chandigarh Administration, the opposite party is attending the dates as per their convience and influence. and i was not aware the datesa are ongoing...becoz i have not received even aa single reminder to attend the same. on 24th nov. recieved a notice for final hearing date that was on 25th nov. by ordinary post. by waiting for more than 3 hours.... we started discussion  (me and the Labor inspector) first we taklk about the notice term it should be in registered manner so that it can be traced, which he refused to send thru registered post he simoly said we will send it thru normal post only- it recieved or not is not part., then second dissusion was opn the case - in which he said you have the transfer the case to us ask the (office A) that you have a hearning in this office and ask them to transfer the case. when i asked the reason he stated that if u are working in chandigarh from the last 13 years in same place, no matter companies having 10 offices in 10 different states) then your case will treated in this chandigarh administration only.

Sir, I wanted to know if the labour inspector in speaking right or not. is there any possiblilty that we keep continue our case in Central agency like (Office A).

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If you have been denied gratuity payment by your employer ::::::::::
He is not denied neither shared the calculated amount, i have sent him form I and Form N for full and final settle ment but he replied to come and meet, visited thrice but never met. same he submitted in the office that he is not come to meet for settlement.

pl guide accordingly
 

 

rakesh pundir (po)     06 January 2022

I joined bsf in 08/12/2003 and resigned from border security force on 28/3/2013 doing more then 9 years service and tendered resignation under personal family problems. Bsf authority accepted resignation under ccs pension rule 26

so my question is that am I not eligible for gratuity,they say your service is forfeited under rule 26 please guide

P. Venu (Advocate)     06 January 2022

Mr. Rakesh

Please post the query in a fresh thread,


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