Gratuity
raghavendra
(Querist) 11 August 2011
This query is : Resolved
sir,
i was terminted from the service last 5 years ago and i claimed my gratutiy, employer said i will give you the gratuity as per basic salay and dearness allownces, but there according to me there is no basic and dearness and all
employer was giving only consolidated amount ,
now at the time of evidence employer bought salary slip which showing basic deaness allownces HRA and all by creating the documents
i objected to mark that xerox documents next date employer will produce the notarised ,
i have not signed any where in that salry slip ,
how extent this is acceptable that created documents
Raj Kumar Makkad
(Expert) 11 August 2011
If the salary slip is prepared contrary to agreement of service then it is not admissible in the evidence and you continue to oppose even notarized document without production of original salary register containing your signature.
raghavendra
(Querist) 11 August 2011
how it will be original ,original means it should contain my siganture or what, , now he can create documents like original only ?
Raj Kumar Makkad
(Expert) 11 August 2011
The register containing your signature is only original.
raghavendra
(Querist) 11 August 2011
ok, thank you very much
Kirti Kar Tripathi
(Expert) 11 August 2011
You file documents, you have. You can also summon the original payment register and payment slips on which you have signed at the time of receiving salary. In case, the employers fail to produce the same the adverse inference will go against him because to maintained and preserve these documents is the statutory duty of the employers. any thing contrary to statutory records are inadmissible as evidence under the law.
leena Sharma
(Expert) 13 August 2011
Sir, the following points are important:
1. you would have been issued a contract of appointment/letter of appointment. Did it mention anywhere the breakup of the salary?
2.Did they ever issue any salary slip to you while issuing payment?
3.If you were paid in cash, they would have got the register signed.
4. The signed register is original one and not the photocopy.
5. Photocopy of a document is not admissible unless the original is produced.
