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koteswara rao jonnalagadda (c.e.o)     04 March 2012

Settelment of gratuty and final salary

i worked for a pvt ltd co from 1990 as g.m till 2001,for 2 years the company was not paid me salary for 1999-2000,2000-2001and part of 2001-02.on one or other protext the company was postponed the payment and in the year 2008 the company took the resignation of mine stating that they are going to settle the dues.with good faith i have given my resignation but they cheated me till date they have not paid and they are not responding to any of my call.kindly advise me the course of action to recover my due amount of rs 6 lacs salary and 1,5lacs gratuity and interest for the delaied period.


 8 Replies

Kumar Doab (FIN)     05 March 2012

What was the date of resignation collected form you in 2008? Did you obtain any acknowledgment of resignation?

You may opt to withdraw the resignation if the acceptance is not delivered.Did your company declare and kept you absconding from 2001to 2008?

Kindly provide complete details. Yyou may approach a comepetent and expereinced lawyer with all records in and give inputs person. Your lawyer may choose to issue a legal notice to the company.

Kirti Kar Tripathi (lawyer)     05 March 2012

What was your nature of Job. The same is required for claiming your salary and other dues because, in case you are not covered by the definition of workman, your claim for salary is time barred. Gratuity you can claim as it is payable only after termination of services and can not be denied on the ground of delay

Kumar Doab (FIN)     05 March 2012

Kindly follow the advice of learned Mr. Tripathi.

koteswara rao jonnalagadda (c.e.o)     05 March 2012

kirtikar tripathi saheb,

i worked there as a genral manager unfortunately they have not given any facility like esi and pf,they have provide me bounus,car allowance and telephone expences etc.i am having a power of attorney to operate the bank a/c in the absence of managing director.i am from hyderabad but i appeared in gujrat courts on behalf of m.d againest cheque bouncing.kindly help me how i can get back my dues.


thankyou very much for your immediate reply,

with regards,

koteshwara rao jonnalagadda. 

koteswara rao jonnalagadda (c.e.o)     05 March 2012


kumar doba saheb,

thank you very much for your reply.i am proceding as per your advice.

with regards,

koteshwara rao jonnalagadda.

AviRaviKiran (Consultancy)     07 March 2012

Dear Koteswara Rao,

Since you were a Gen. Manager, you can not claim to be a 'workman' and can not file a suit under I.D. Act for recovery of unpaid salary. You have to file a civil suit.   ..... As a G.M. , your rate os salary must be above the ceiling limits of P.F. and E.S.I. , therefore not getting these benefits..

Gratuity : is appilcable to all the employees and now there is no ceiling limit of salary under Payment of Gratuity Act. [ however, there is ceiling on the amount of gratuity to be paid] hence, you can lodge your claim before the Controlling Authority under Gratuity Act.

AviRaviKiran (Consultancy)     07 March 2012

Dear Koteswar Rao,

while posting my view , I have presumed that a company employing a G.M., must have a man-power above 10 and Payment of Gratuity Act is applicable to this company.

koteswara rao jonnalagadda (c.e.o)     08 March 2012

respected avi ravi kiran sir,

this company is having more than 10 employees,it is having all sorts of provision like esi,pf,bonous and gratuity etc.when i was joined in 1990 my salary was something like rs10000/- and my last salary was 25000/-p.m in 2001.

but where as since begining there was no coverege of esi and pf,but the m.d told me he will give the entire payment,but i dont no how to claim it.


kindly guide me,

with regards,

koteshwara rao jonnalagadda. 

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