Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Sai (NA)     18 November 2009

Possibility of Getting Gratuty

Is there any possibility of getting gratuty for the Co-operative society people? My uncle retired in the year 2006 March But still didn't got the Gratuty. He worked in the co-operative society which was in a small village as permanent employ. Some of the officials said that Co-operative societies which have more than 10 members will get the gratuty. Is it true How it will be solved? Whether to apporach the Court of Law or any rules were there to release funds. Please Give me the Reply. My uncle is not worth enough to put more money towards the court preceedings and all. Kindly give me the suggestion.



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 6 Replies

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand)     19 November 2009

 Sai,

Your Uncle is entitled to receive the amount of Gratuity from his employer. He retired in the year 2006 and the limitation prescribed in the Payment of Gratuity Act is 90 days.

But don't worry your uncle can make an application in the prescribed FORM even now, before the Controlling Authority of your area along with a separate petition for codonation of delay showing sufficient cause for delay in filing the application. 

It will be better that your uncle personally visit the office of the Controlling Authority. They will help him in filing the case. 

If he personally files this case then he will have to spend no Money.

 

Raj Kumar Makkad (Adv P & H High Court Chandigarh)     19 November 2009

Gratuity Act is not applicable in cooperative Societies established under Coperative Societies Act so no claim.

mahesh pandey (Vice President)     20 November 2009

Gratuity not appliocable in this case.

Suresh C Mishra (advocate)     22 November 2009

 Gratuity Act is applicable where 10 or more employee have been employed on any day on or after commencement of business . This is debatable whet her The Payment of gratuity Act is applicable to co operative societies ?

Dayanandan P T (Service)     23 November 2009

To Add,

The Controlling Authority is Assistant Comissioner of Labour or Joint Commissioner of Labour, Office of the Labour Commissioner in the jurisdiction,where the coop society situated. 

Sunil Agarkar (Consultant and Advocate)     21 December 2009

nothing wrong in trying out, contact - have a visit to controling officer ie assistant commissioner of labour, normally sits at distrct collectorate. it also has power to decide wether establishment is coverable under the act or not.


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