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shantilal k. patel   11 August 2008 at 15:22

Delay in claiming Gratuity Amount


Dear Friends,

Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.

In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL

shantilal k. patel   11 August 2008 at 15:20

Delay in claiming Gratuity Amount


Dear Friends,

Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.

In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL

puja   11 August 2008 at 14:56

need quick reply

a person who was the GM of a construction company died on site where the wotk is going on.

the person is earning gud amount in lakhs.
he left over his wife and a unmarried daughter.
what remedy available to the legal heirs to get more compensation besides workmen compensation Act.

any another act/law from where they got compensation (gud amount)

Tarun Kalra LL.M, M.B.A   11 August 2008 at 14:00

resignation of employee

Dear sir,

A employee, who is under probation period, had given his one month notice and resignation to the managing committee of the school, (it is typed and signed by the employee). Later on he had given a affidavit to D.C that he had not given his resignation and the resignation and other blank papers and signed by him is a result of cheating by the managing committee, and he had given a statement before the district education officer that the had not given any resignation and the resignation and the other documents are signed by him is result of cheating by the managing committee, now the d.e.o is saying to join them, but the managing committee don’t want to join them, as they are not good teachers, as appointing authority can managing committee refuse them to join, because the resignation is accepted by the headmaster and managing committee and the resolution is passed by the managing committee for their resignation. Can we(manageing committee) , can take any criminal action against them for firstly giving resignation and signing on it and then giving a false affidavit before D.c and D.e.o that they had not given resignation, and for allegation against the managing committee

Tarun Kalra LL.M, M.B.A   11 August 2008 at 13:59

resignation of employee

Dear sir,

A employee, who is under probation period, had given his one month notice and resignation to the managing committee of the school, (it is typed and signed by the employee). Later on he had given a affidavit to D.C that he had not given his resignation and the resignation and other blank papers and signed by him is a result of cheating by the managing committee, and he had given a statement before the district education officer that the had not given any resignation and the resignation and the other documents are signed by him is result of cheating by the managing committee, now the d.e.o is saying to join them, but the managing committee don’t want to join them, as they are not good teachers, as appointing authority can managing committee refuse them to join, because the resignation is accepted by the headmaster and managing committee and the resolution is passed by the managing committee for their resignation. Can we(manageing committee) , can take any criminal action against them for firstly giving resignation and signing on it and then giving a false affidavit before D.c and D.e.o that they had not given resignation, and for allegation against the managing committee

Tarun Kalra LL.M, M.B.A   11 August 2008 at 13:59

resignation of employee

Dear sir,

A employee, who is under probation period, had given his one month notice and resignation to the managing committee of the school, (it is typed and signed by the employee). Later on he had given a affidavit to D.C that he had not given his resignation and the resignation and other blank papers and signed by him is a result of cheating by the managing committee, and he had given a statement before the district education officer that the had not given any resignation and the resignation and the other documents are signed by him is result of cheating by the managing committee, now the d.e.o is saying to join them, but the managing committee don’t want to join them, as they are not good teachers, as appointing authority can managing committee refuse them to join, because the resignation is accepted by the headmaster and managing committee and the resolution is passed by the managing committee for their resignation. Can we(manageing committee) , can take any criminal action against them for firstly giving resignation and signing on it and then giving a false affidavit before D.c and D.e.o that they had not given resignation, and for allegation against the managing committee

RADHA PYARI SRIPADA   11 August 2008 at 13:28

GPA HOLDER

where two GPA holders are appointed by a single instrument, whether one of them can appoint the other as his lawful attorney in view of the maxim "delegatus non potest delegare" vide a separate instrument of GPA?
thanking you in advance for your response.

Gaurav Lall   11 August 2008 at 12:57

Company not Relieving

Hi,
I am employed as a Senior Software Engineer in a company for the last 21 months. I have resigned this company on 17-July-2008 and serving notice period of 1 month. But according to the Company's appointment letter clause, if an employee gets confirmed he need to serve 3 month of notice period. In that clause it is also mentioned that in case the employee do not serve for 3 month, he need to pay his gross salary amount to the period he did not served. I have 15 PL left, but this company is not ready to relieve me before 3 month. They are not ready for the buyout and they are not ready to adjust the PL. I have no pending task and still i am ready to serve 1 month notice period and buyout remaining part of it. Plz help me, for your reference i am copying the appointment letter clause below:

After completion of Probation and confirmation, you have the right to resign from your employment at any time not less than 3 month's written notice to the company. The company reserve the right to require you to not be present in its premises during such notice periods. In the event you do not provide the Company the requisite notice the company shall have the right to deduct gross salary in lieu of the requisite notice from any payments that may be then or thereafter due to you. The company also reserves the right to demand the aforementioned payment from you, in
the event there are no payments that may be then or thereafter due to you.

Regards
Gaurav

Anil Kumar kamboj Delhi M-9650   11 August 2008 at 11:00

fandamental right

whether art 15is available to the only or also to the non-citizen

Rakesh Boini   10 August 2008 at 21:52

Ancestral Property

hi thes is Rakesh..
I would like to Know some Details about Nazul land and when it is started...
will u people please give me some details about thes...