about ESI,PF,Gratuity
raj
(Querist) 12 December 2010
This query is : Resolved
Hi good afternoon to every one.
My friend is doing job in state government since june 2000 as computer operator on fix salary Rs. 3000/- he receive salary of Rs. 2980 after deduction of Professional Tax. now is he eligible for gratuity ESI.PF etc give me guidance.
Praveen Kumar Tewari
(Expert) 12 December 2010
You are getting less payment prescribed by the State Government under the Minimum Wages Act, the minimum salary to be fixed twice in a year by the government. You can file the complaint under Section 20(2) of M.W. Act, 1948 before the Dy. Labour Commissioner. You are entitled for Gratuity, P.F., E.S.I. & BONUS etc.
raj
(Querist) 13 December 2010
thanks for your valuable advice. I told my friend on this issue but he replied that his boss give him answer that his is doing job on state government not in company or industries , there laws are for company not for government. is it true ? these laws are not applied to state government office give me guidance because this problem faces in all our country!
Praveen Kumar Tewari
(Expert) 13 December 2010
No these acts are applicable on all Industries, Commercial Establishments, and also on State Governments, Class 3 an class 4 employee.
raj
(Querist) 13 December 2010
Tewariji thanks again give me guidance if my friend go to court for case of permanent job order, will he success ? he is doing job in state government since june 2000 on fix salary of Rs. 3000 only. no gap in job is countinue till date.
Praveen Kumar Tewari
(Expert) 15 December 2010
yes you may go to Court for regularization of services but it will be much better that instead of you, any junior has been promoted as permanent employee by your department & that pleadings may assist you in claiming regularization.
M V Gupta
(Expert) 15 December 2010
Mr. Raj, you seem to be raising some hypothetical questions to meet ur academic interests. Will u pl let us know about u, if u dont have any objection?
raj
(Querist) 15 December 2010
Mr.Guptaji I always help people who r in trouble. I don't know who r u ? but I want to take some guidance to help people. that's my hobby and nature to support the needy person.
Ahmed Daud Girach
(Expert) 15 December 2010
Labour Laws as usal are seen always in favour of workman.Government employee are ruled by civil service rules of their own.Recently in government of Gujarat case Highcourt advised government to revise salary of "SAHAYAK EMPLOYEE' in very serious tone that if you are not revising than we will issue orders.So these employee were given salary just above minimum wages Act.It is true employee has right to go under mmw act but under case in consideration employees union shouls go to high court by way of SCA and get orders from court for all employees in the line of Gujarat.
