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SIDDHARTH (ACCOUNTANT)     25 June 2010

UNPAID GRATUITY

Dear Sir,

I am Siddharth from Ahmedabad. I was service in a pvt. firm from 1999 to 2006. it means 7 Yrs. The name of the comapany is Perfect Boring Works. But after 3 years the company change is name like perfect boring pvt. ltd. there are more than 50 employes works when i statrted to work over there & 150 workers at the time of left the job. But they are not paying PF or ESIC for any employee. In the year 2004 during the PF department's Flying scode come to at our factory and bound them under PF & ESIC. after then they took the name of employee on book. But to take exemption under the PF & ESIC act they salary of most of employee  more than  Rs. 8500/- . by this they can not liable under this act.

They have verbaly relive me from my job on 18/04/2006. But they have not paid my salary for the month of Feb-06, March-06 & April-06 till date. As i have completed the 7 Years in that company they are not paid me my Due & Unpaid Gratuatiy till date.

So, can i claim for my unpaid Gratuatiy for this ?. How can they liable under Grauity act ?  Can i put a case against them regarding this. ? 

Kindly advice me for the accordingly. The name of the company change effected me to recover the Grauity.

Hope for your best reply & advice.

Siddharth Thakor (siddharth.ahd@gmail.com)

 

 



Learning

 2 Replies

Adv.Aiyer VLV (Proprietor)     25 June 2010

Mr. Siddarth

being an accountant you  must be aware it is not change of name PBW to PBW Pvt. ltd.

A company is different from proprietorship or partnership. 

It might be earlier it was not a company. 

Gratuity will apply from 5 years. 

please look into Sec 4A of gratuity act was brought in to cover all companies. it might help

Salary being 8500 does not exempt from PF. PF exemption is based on basic. ESI is on total salary. 

being accountant you would also know the facts

under RTI ask for documents regarding company with PF and ESI, especially squad seizures, orders of officers, commissioners etc. 

you may file a complaint with regional labour commissioner, PF commissioner, ESI commissioner

but your case will be on salary unpaid, PF not covered, ESI not paid etc.

regards

SHARAD CHANDRA DANEJ (Asstt. Manager)     29 June 2010

Dear Siddharth,

 

I think you are eligible for gratuity as you have worked in the company for 7 years. You can fight for gratuity and salary. About PF, if the company deducted PF amount every month from your salary, then they are bound to give it back to you if that is connected with EPFO. Are you getting any pension from EPF? If not then, I hope you are entitled for PF. Better you consult a good lawyer who is expert in the matter of services.

 

S C DANEJ


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