withholding of retirement gratuity

Querist : Anonymous (Querist) 23 January 2011 This query is : Resolved
during the fag end of my service three pay attachment orders were issued by the court.all the orders were issued ex-parte.the orders were challenged in the same courts and stay orders were obtained.the cases are now pending for hearing.
Meanwhile I retired from service w.e.f 31st October 2008.The pension sanctioning authority kept an amount of Rs three lac ten thousand withheld out of my retirement gratuity withheld. the amount involved in the cases is much less than the amount withheld.Is it legal?

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JITIN KOHLI (Expert) 23 January 2011
hello! i have read u r query you can file suit for decleration in the civil court if u r govt. employee. but in case u r private employee u can approach labour court and claim for gratuity alsong with interest under section 17 of the payment of gratuity act, 1972.

JITIN KOHLI
ADVOCATE
PUNJAB & HARYANA HIGH COURT, AT CHANDIGARH

Advocate. Arunagiri (Expert) 23 January 2011
file a petition before the Assistant Commissioner of Labour under the ID Act.

Ajay Bansal (Expert) 24 January 2011
Agreed with Jitin.

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