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sanjay kulkarni (civil engineer)     08 December 2016

Issues framing---

right now i am in labour court regarding my gratuity payment issue.My previous employer took full time period for W.S. and after declaration of No W.S. by court,my advocate asked me to wait as the opposition lawyer verbally told that they are going to file WS.and prolonged the filing of affidaviate.After filing of WS last month i.e. in 8th nov16 court issued 2nd dec for issues framing. my lawyer told me that court will frame issue and next date will be announced.But he also stated that there are cases pending from 2010 for issues framing.Uptil today issue framing has not done so no new date.My whole retiremnental benifits has been held by the employer since retirement oct2015.And there is no provision of pension also.For provident fund and leave encashment another spl.civ.suit has been lodged.And my counsell told me that it will take atleast 2-3 years.Just depressed!!!!!



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 7 Replies

Ritesh Maity (Labour Law Advocate)     08 December 2016

It is very unfortunately, but legal proceedings is very time consuming and often frustrating. But unfortunately there is no way out. Have patience. 

By the way, as far as my knowledge, there is no provisions for framing issue under the payment of gratuity act. Even courts in Kolkata do not give any date/ opportunity for framing issues. Can anyone share their experiences in this regard.

1 Like

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     09 December 2016

Labour Court proceedings are taking so much time.  As you are a senior citizen, and your litigation related to superannuation benefits like PF, Gratuity and leave encashment, the proper course of action is to approach the High Court under writ jurisdiction showing how the employer is deliberately delaying the matter in labour court and seek a direction.  In such cases, the High Court most of the times give a direction to the labour court to conclude the case expeditiously, preferably within six months.

Warm regards.

1 Like

Kumar Doab (FIN)     09 December 2016

The Controlling Authortiy of Gratuity is the authority to decide such matters.

 

Go thru THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972-1 

 

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

1 Like

Ritesh Maity (Labour Law Advocate)     09 December 2016

I don't think approaching High Court would help the matter anyway. it can even complicate the matter since the appropriate jurisdiction is controlling authority under payment of gratuity act. Litigation can take time for several reasons; you cannot always blame the company for that.

1 Like

Kumar Doab (FIN)     09 December 2016

The huge delay is from 'Controlling Authortiy of Gratuity'?

1 Like

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     10 December 2016

I am perturbed the way how Ritesh Maity responded contradicting my advice that to approach High Court under Article 226 and 227 of Constitution of India to obtain a direction that the matter pending before the labour court disposed of expeditiously.  The gratuity litigation has to be disposed of by the Authority under Payment of gratuity Act.  In some states, the State Govt. by special notification vested the power to the designated labour court as the authority under payment of gratuity Act.  It appears your advocate might have approached the labour court under this notification.  Or your advocate might have also approached the labour court under Section 33 (c)(2) of I.D. Act.  If he approached under the latter channel, it would take further time even after passing of the award for its execution.  Again a separate spl. civil suit for leave encashment and provident fund has been filed.  If it is under employees' provident fund Act, again the petition before the Assistant Public Provident Fund Commissioner lies.

Why I suggested to you to approach the High Court is High Court has superintendet jurisdiction to give directions to lower courts.  When your case falls under senior citizen category and you are agitating for superannuation benefits, which are bare survival essentials, the High Court will look into this matter differently and knowing fully well that labour courts and other lower trial courts are heavily burdened with a large number of cases, extend its helping hand to the senior citizen and give direction to dispose the matter expeditiously, preferably within six months.  Such kind of request shall be put by your advocate at the bar effectively and he can get such direction from the high court.  I am giving this advice not by just sitting in armed chair luxuriously, but out of experience which I put in the courts and after obtaining such directions from the courts in the deserved cases.

1 Like

Kumar Doab (FIN)     10 December 2016

Senior Citizen's and Service Matters are heard on priority.

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