Non payment of gratuity (under delhi area factory )
MAHESH
(Querist) 22 February 2018
This query is : Resolved
Respected Experts
I am residence in delhi , i want to know the liability of Delhi factory entrepreneur under Gratuity Act, My father has worked in same factory from 1982-83 to 2013-14 , in 2014 my father has left the job/ work, due to long distance of shifting of factory. After that my father write an application to entrepreneur for Gratuity amount , but the entrepreneur replay the written letter through his lawyer (1) that he has not worked here from 30 year.
(2) If he again write the application for Gratuity he file the case of Defamation / malignment against him.
Sir please tell me what we do now????
Kumar Doab
(Expert) 22 February 2018
Your father has irrefutable evidence of having worked for this period?
e.g; offer,appointment letter, salary slips, Form16, PF a/c slips,ESIC card, I.card etc etc...........
P. Venu
(Expert) 23 February 2018
The employer is trying to overawe; no action for defamation/alignment lies in the extant case. Your father can pursue the matter with the competent authorities.
Kumar Doab
(Expert) 23 February 2018
If your father has indeed worked for the period mentioned by you then IT is employer and Lawyer of employer that are committing transgression.
You may go thru Sec9 of Payment of Gratuity Act,1972 ………………
https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf
and ‘Whoever’ avoids to pay Gratuity……and penalty, punishment, jail term…..as in the Act…
The Inspector as in the Act can also inquire and submit report.
Take help of LOCAL Employee’s/trade unions……
Kumar Doab
(Expert) 23 February 2018
Also at website of state e.g;
http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Payment+of+Gratuity+1972/Rule
You should get proper information.
Respond t the points raised in the thread..
V R SHROFF
(Expert) 24 February 2018
Agreed with Shri P Venu
