poly ghosh 14 June 2022

Legal right

A person has been working in a gold shop in kolkata for 25 years at a stretch. He did not have ESI & PF due to treckry of the owner.
Suddenly, the person was asked to discontinue his service and he was retrenched from service without any notice or benefit.

Please inform, how much benefit the person may get or claim as per law. Can he claim gratuity?

regards,

p ghosh

Reply Follow

2 Replies

SHIRISH PAWAR, 7738990900 (Advocate) 15 June 2022

Hello,

Employee can take legal action against the employer. Employee can approach the EPFO authority and withdraw the PF amount. For gratuity and other dues, he can approach the labour court and file complaint against the employee.

Sravika Reddy Kohir 15 June 2022

Hello Poyal Ghosh, I acknowledge your question. Here when it comes to the notice about the ESI & PF services that had to be provided but deceitfully not brought to the knowledge of employee there can be a complaint raised against the same. The Industrial Dispute Act, 1947 governs the legislation for retrenchment, any retrenchment has to fulfil few conditions before doing so as per section 25F of the ID Act if such an employee has been in continuous service for not less than one year. That include giving one month’s notice with reasons for the same, paying compensation for the retrenchment etc. Clearly in the above case there isn’t a notice given. Under the Payment of Gratuity Act, 1972 any employee who has been in service for more than five years has a statutory right for gratuity. They can file a complaint under the Act for denying the payment of gratuity. The amount of gratuity depends upon the service and the years of service he has in the company.

I hope I have answered your question.

Have a good day.