Case filed under two different laws-How to delt with
shantilal k. patel
(Querist) 19 August 2008
This query is : Resolved
I was not paid grauity by the firm of
chartered accountants. I filed a case
before Controlling Authority(ASS.Commissioner of Labour) and a another
case for PROFESSIONAL MISCONDUCT undr The Chartered accoutnts Act. One before Labour Department and other before The Institute
of Chartered Accountants of India. Later on
if the firm pays me gratuity amount plus
interest,my case before the Asst.Commissioner will be over because I filed a case for grauity and interest. Whether the second case fot PROFESSIONAL MISCONDUCT before The Institute of Chartered Accountants of India will also be over because of the fact that grauity and interest are paid or it will continue for PROFESSIONAL MISCONDUCT?
Please enlighten me S.K.PATEL
shamit sanyal
(Expert) 19 August 2008
its only a suggestion not an advice,that if your grivances are resolved then dont stick to the litigation.
Murali Krishna
(Expert) 20 August 2008
The question of professional misconduct connotes a larger meaning. mere non paying Gratuity does not amount to professional misconduct. Hence, the issue of professional misconduct will be looked from a different footing. Necessary enquiry would be conducted, if your allegations gives any primafacie case.
Closure of your case for gratuity does not close the case before ICAI.
