Compensation

pankajjha (Querist) 22 January 2015 This query is : Resolved
dear sir,

I worked as a banking clerk in a ltd co for 8 years. One day My CFO told me to bring lunch for him, but i refused to do that, then suspend for 7 days but matter goes to my chairman force to me to that but i refused that again they were fired from my job without any notice.after two month they give me a cheque of rs around 44,000 as gratuity and my HR told my compensation is still pending. but i call my co foe that compensation they voilent on me and said to me that your full dues cleared.after that incidence they send me releasing letter to my house throught speed post.sir i am totally financial distress and not able to find any job.can i file case against them or demand for the compensation.My gross salary is rs.8200/- p.m what compensation i get. i am 34 years old.

Please reply as soon as possible sir,
thanking you

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Kumar Doab (Expert) 22 January 2015
What is this Ltd. Company: a Commercial establishment or Industrial Establishment?
Were you fired in writing?
Were you supplied with any FnF statement and did you accept it?

Firing for such incidence speaks of a rotten mind, high headedness, high handedness,coercion,intimidation…….

You should have immediately approached your labor Law Consultant, employee’s unions, Trade Unions leaders like CITU/INTUC/AITUC/BMS ……and thru them could have lodged a complaint with police, o/o labor commissioner……

Your interest seems to be alone in getting compensation!
Your counsel may opine that you can agitate to call back the bad termination order, claim retrenchment compensation etc………after examining your appointment letter,service conditions,service rules, releasing letter etc…..

The company should have supplied you the; Termination Order, service certificate, relieving letter, FnF statement in original for verification and acceptance…showing the notice pay/leave encashment/bonus/gratuity/LTA etc……, FnF wages by bank DD,Form16 as per correct FnF statement, PF number with a/c slips,salary slips of all months,ESIC card, acknowledgment of handover of charge/company property,NOC/NDC etc………on the last day……

Gratuity is calculated as: { (Basic+DA)/26*15*No.of years in service}
Here Basic+DA is as per last drawn wages and if you have worked for more than 6 months in last year count it as 1 full year…..