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Whether interest on delayed payment of bonus, gratuity and other dues can be recovered u/s 33 c(2)

(Querist) 12 September 2013 This query is : Resolved 
Dear labor law and service matter experts,

A workman appointment letter says that he is also entitled to receive other benefits/facilities applicable to employees of his level in accordance with company rules/schemes in this behalf. During his tenure of 20 years before his retrenchment various employee welfare schemes were announced.

On his full and final settlement he found that benefits of those declared schemes were not paid to him.Since he do not want to leave the company on bad notes he received what ever amount they gave peacefully.

My question to experts now is that whether under section 33 C(2)

a) he can recover these monetary benefits declared under employee welfare schemes

b) and if on account of delayed payments of these benefits (which also included bonus as well as his gratuity) he can also claim interest @ 9% per annum u/s 33 C(2) for the period delayed .

rgds
skg
Guest (Expert) 12 September 2013
Is there anything in your query or your profile to make us believe that you are actually and how related to the problem?

You have not mentioned anything in your query as to how you are concerned with the present problem.

As per your profile, you are "none", while you have not updated your profile ever since you joined LCI for the last four years.
skg (Querist) 12 September 2013
Dear Dhingra ji

The very moto of Lawyersclubindia site states that it is a platform of interaction between lawyers and Indian Public.

There are many poor and under priviledged persons in Indian public who lacks means like using computer to get advises from the learned free of cost not only on law but other areas also.

My moto as a social worker is to help them in passing your advises free of cost not only thru this platform but thru various other platforms or such interactive websites.

Moreover when I joined this site there were only 93000 members and now these have tripled and as such this site have also started getting advertisements leading to increase in their earnings.

There are many free minded persons who want to contribute to the under priviledged society without any give and take formula by keeping their identities invisible.

Now could you please give your valuable opinion so that I can help the affected workman by passing your valuable advise.

rgds
skg
skg (Querist) 12 September 2013
I would also request other experts to give their advise if Dhingraji is not interested to resolve the query.

rgds
skg
Guest (Expert) 12 September 2013
Mr. SKG,

When you are not ready even to introduce yourself appropriately to this community, how we can believe that you are doing merely a social service and that too free of cost? Rather, I apprehend that you must have made the LCI, as a source of your income out of the replies from the experts.

Secondly, if the site states that it is a platform of interaction between lawyers and Indian Public, that does not mean that a member of public, seeking help should remain in veils not to be known to the members from whom he wants help to sort out his problems.

Third, you can certainly not be a poor and under-privileged fellow. If you are a social worker you should also be ready to to gain knowledge by spending some money in buying and reading necessary law books to fulfill your desire to help others, but you intend us to bear the cost on your behalf, while you continue with your earnings from borrowed advices. People who are poor or under-privileged can have direct approach with us to meet us personally or through post, if not through emails or internet, but not through a via media, like you, who pose to be a social worker, but shy of giving his introduction to the community members.

Fourth, when you try to remain in veils, nobody can believe that you are a social worker, as a social worker openly and readily introduce himself to gain recognition as a social worker.

Fifth, if this site has started getting advertisements leading to increase in its earnings, can you please give details of your advertisements, if you have rendered any support to this site any time through any of your advertisement to increase its earnings? MIND IT, it is not on account of you like thankless persons, but due to the contribution of experts in helping people, on account of which the site has started getting advertisements.

Sixth, there are not many, but hundreds and thousands of free minded persons who not merely want to contribute, but are actually contributing by rendering their free services to the under priviledged society. But people, like you, should not claim any privilege as a matter of right, as you have tried by saying, "I would also request other experts to give their advise if Dhingraji is not interested to resolve the query" EXPECTING THEM TO COME FORWARD TO RENDER THEIR SERVICES TO YOU BY IGNORING WHAT I ASKED YOU TO CLARIFY.

MIND IT, I am ready to resolve the the query, but only if the actually related person asks me, not the persons like you, who try to pose as a social worker but want to remain unidentified from the community members, rather remained in guise for the last four years.



Rajendra K Goyal (Expert) 12 September 2013
Nothing more to add.


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