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Reg. employees legal proceeding

(Querist) 17 September 2015 This query is : Resolved 
Dear Sir,

We three partners got retired from a partnership firm and two continuing partners bought our partnership firm. Now there are two continuing partners.

We did not pay the gratuity since all the employees left 2 years back taking there PF and salaries.

As per the attached release deed are we still liable to face any legal proceedings by labours. or it will be a liability to continuing partners...
Kumar Doab (Expert) 17 September 2015
There is no limitation on claim on Gratuity.


Once the claim is lodged the Controlling Authority can recover.


During the process you can plead that you have retired.


It is a statutory obligation and is social security enactment and courts are known to take pro-employee stance.
Rajendra K Goyal (Expert) 18 September 2015
Agree with the expert Kumar Doab.
Deepak Kumar (Querist) 18 September 2015
Dear Sir,

Thank you for taking time out to respond. We have sold the company and now it is in the hands of continuing partners. We are away from that company now.

Is it possible for us to escape from the claims by being away from the location.

Regards,
Deepak
Kumar Doab (Expert) 18 September 2015
If the next management has not declined to pay Gratuity, dues of the employees.... then what is the issue?

You may show the T&C of sale to an able Labor Law Consultant/service matters Lawyer/Law Firm.


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