Bhabani (IR Executive) 27 October 2010

Query

Hi all,

I am working in a construction company at project site which comes under state jurisdiction and we r doing all compliance under that state only but yesterday two personnel (ALC & LEO) from central labour department came to our site and start inspection under Gratuity act, asking records & all.

My question is that can they inspect us under the said act & are they appropriate authority or not???

Pls reply.

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6 Replies

Praveen Kumar Tewari (Praveen ) 27 October 2010

If ur company comes under jurisdiction of state government and compliances are followed by state acts then the competent authority for inspection will come from state labour office. The ALC AND LEO from state government is competent inspecting authority under said act. If ur company is registered under central labour act then ALC & LEO from central labour department is competent to inspect ur company otherwise they have no powers to inspect ur company.

1 Like

Kapil kumar Gupta (Executive) 28 October 2010

Dear Sir,

Hello,

i have to need notification of bonus with new amedmentplz send me.

Sarvendra Kumar Singh (Ex Senior Manager) 28 October 2010

Hi,

If an employee was removed from service with a note eligible for all superannuation benefit for the charge of fraud. No proceedings were initiated for his conviction. whether the gratuity shall be forefieted under sec 6(ii) of Payment of Grastuity Act. Please reply with rulings.

S.K. Singh

Advocate

Kirti Kar Tripathi (lawyer) 29 October 2010

No, unless show cause is issued against him after holding guilty of misconduct under his service rule after proper domestic enquiry, and afforded opportunity in this regard to explain position. The gratuity can not be with held or forfeited. Even the forfeiture of gratuity is permissible only to the extent of loss caused by the employees

RENISH RAO (ADVOCATE) 30 October 2010

Fully agree with Shri Tripathiji

Gul Thadani (Prop) 20 August 2011

Hi,

Would like a sincere soultion as how to deal with this I was working for a Pvt Ltd company as Sales Head for western region. On a mutual discussion with my Boss that we would discontinue our association further he asked me to leave that was on 22nd July and next day he SMS me to hand over all cards Documents and the Laptop, to which i replied that once he clears the Salary of June and July and do full& final Settlement i will return his Laptop.

From That day i have been calling him regular everyday he is not responding to my calls either my emails he once spoke to me and said he will call me but he didnt do so.I called my CEO who is the elder brother of my boss he also assured me that they will do the needful in a day or two but that is also not happened.

Kindly advise me how to tackle this and get my dues Reliving and experience letter is there any stern Law for it whom shall i approcah.

Thanks & regards