Company forcing to sign a bond after resignation

Dear Kumar Sir,

I have submitted my resignation letter only. I have not sent "form I" yet. I have talked him many times on phone regarding my gratuity payment, at the time of resignation they forced me verbally to sign a bond and sent me a mail which i am pasting below:

 

"Dear Mr.....

This has reference to your resignation w.e.f. 01/04/2018 and your visit to our office regarding pending matters.

Kindly note that we have worked out your gratuity payable which comes to Rs. 80,002/-. We will release the same on your confirmation of your report regarding receipt of pending C forms from various parties.

Please collect all pending C forms at the earliest as agreed by you and forward the same to us."

 

But when I refused to sign in any type of bond they are telling me that they will not clear my gratuity without submission of Pending C Forms. I have nothing given in writing that i will recover pending C form.  Sir every time when i ask for gratuity they are showing me some new excuse. Sir now what should I do now?

I am ignoring to send them "Form I", because I am afraid if they ignore to pay my gratuity and if they will tell me to recover gratuity through legally in court, then how do I bare all the expenses of court and lawyer. They are the big company and they have their own consultant. If I challenge them through court, then i have to go to mumbai for court dates every time and I residing in gujarat. Due to all that things I was trying to solve this matter mutually. But now I thing I have to take some strong action against them.

I hope you can understand my situation.

Waiting for your valuable advice.

Thanks

Originally posted by : R5555555555555
	Dear Kumar Sir, I have submitted my resignation letter only. I have not sent "form I" yet. I have talked him many times on phone regarding my gratuity payment, at the time of resignation they forced me verbally to sign a bond and sent me a mail which i am pasting below:   "Dear Mr..... This has reference to your resignation w.e.f. 01/04/2018 and your visit to our office regarding pending matters. Kindly note that we have worked out your gratuity payable which comes to Rs. 80,002/-. We will release the same on your confirmation of your report regarding receipt of pending C forms from various parties. Please collect all pending C forms at the earliest as agreed by you and forward the same to us."   But when I refused to sign in any type of bond they are telling me that they will not clear my gratuity without submission of Pending C Forms. I have nothing given in writing that i will recover pending C form.  Sir every time when i ask for gratuity they are showing me some new excuse. Sir now what should I do now? I am ignoring to send them "Form I", because I am afraid if they ignore to pay my gratuity and if they will tell me to recover gratuity through legally in court, then how do I bare all the expenses of court and lawyer. They are the big company and they have their own consultant. If I challenge them through court, then i have to go to mumbai for court dates every time and I residing in gujarat. Due to all that things I was trying to solve this matter mutually. But now I thing I have to take some strong action against them. I hope you can understand my situation. Waiting for your valuable advice. Thanks

 The communication posted by you hints to; your report on C-forms and you agreed!

It is not that you never agreed in writing..........as posted by you......but if never agreed to collect C-forms then you need to deny...and affrim that IT is to be supplied by client and compnay is at liberty to collect..

Has cleint made the payment of bills for which C form is being asked from you?

Has IT been part of your duty? If not you need to place on record.

Were you located in Gujarat? 

you are resifing in Gujarat does not convey that you were last located by company in Gujarat ?

Have you posted this query earlier also from same or any other ID?

It is vaguely remembered similar query was discussed in detail.

 

 

 

 

If IT is (very) old matter then you could have asked to supply the ‘Notice of Determination of Gratuity’ and may have to pray to condone the delay and cite from your record to transfer the onus on employer…and also that IT resorted to unprofessional/unfair demands to avoid payment of Gratuity and/or delay.

 

The authorized representative/counsels can represent you or you can appear in person..

By the way; Did you try to get C forms?

If client has made the payment IT could have sent the C-forms also as per T&C and in time and as usual!  What is the issue in IT!

No sir we didn't discussed on this matter earlier. This is my my first discussion. Sir actually I have recovered all customers C Forms except one customer. He is not issuing C Form due to some accounting mistake in his accounts. But still i am doing regular follow up with him for pending C Form issue and amount is also not big of that C Form. That customer already clear our bill payment only C Form is pending. Sir actually i need money and company is harassing me on the shadow of the C Form only.

No sir we didn't discussed on this matter earlier. This is my my first discussion. Sir actually I have recovered all customers C Forms except one customer. He is not issuing C Form due to some accounting mistake in his accounts. But still i am doing regular follow up with him for pending C Form issue and amount is also not big of that C Form. That customer already clear our bill payment only C Form is pending. Sir actually i need money and company is harassing me on the shadow of the C Form only.

If your letter of appointment does not prescribe any shch clause,you are not required to sign any bond post resigation.

If your establishment has more than ten employees and if you have completed five years continuous service,you can claim gratuity by making application to controlling Authority in your local area

Dear Sir,

Can you suggest me what should be filled in Form "I' in continuous service/ total disablement due to accident/ total disablement due to disease with effect from the "????????". (date of appoinment OR date of releiving).

FORM ‘I’

[See sub-rule (1) of rule 7]

Application of gratuity by an employee

 

Sir/Gentlemen,

     I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/ total disablement due to accident/ total disablement due to disease with effect from the "DATE OF APPOINMENT / DATE OF RELEIVING" Necessary particulars relating to my appointment in the establishment are given in the statement below:

I am not sure what should be fill there. Please suggest me. 

Thanks

Originally posted by : R5555555555555
	No sir we didn't discussed on this matter earlier. This is my my first discussion. Sir actually I have recovered all customers C Forms except one customer. He is not issuing C Form due to some accounting mistake in his accounts. But still i am doing regular follow up with him for pending C Form issue and amount is also not big of that C Form. That customer already clear our bill payment only C Form is pending. Sir actually i need money and company is harassing me on the shadow of the C Form only.

The customwer ha smade the payment of bill. The C-from is tax matter company and IT's attorneys in legal cells know the effective remedies on Tax matters.

IT is felt and reiterated that C-from must not be imposed on employee.

The forfeiture of Gratuity is to the limit of loss and not the whole Gratuity.

Moreover IT is not matter for forfeiture of Gratuity.

 

 

Originally posted by : R5555555555555
	Dear Sir, Can you suggest me what should be filled in Form "I' in continuous service/ total disablement due to accident/ total disablement due to disease with effect from the "????????". (date of appoinment OR date of releiving). FORM ‘I’ [See sub-rule (1) of rule 7] Application of gratuity by an employee   Sir/Gentlemen,      I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/ total disablement due to accident/ total disablement due to disease with effect from the "DATE OF APPOINMENT / DATE OF RELEIVING" Necessary particulars relating to my appointment in the establishment are given in the statement below: I am not sure what should be fill there. Please suggest me.  Thanks

FORM ‘I’ [See sub-rule (1) of rule 7] Application of gratuity by an employee To …………………………………………………………………………………………………………. [Give here name or descripttion of the establishment with full address] Sir/Gentlemen, I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/ total disablement due to accident/ total disablement due to disease with effect from the …………… Necessary particulars relating to my appointment in the establishment are given in the statement below: Statement 1. Name in full. 2. Address in full 3. Department/Branch/Section where last employed. 4. Post held with Ticket No. or Serial No., if any.

5. Date of appointment.

 

6. Date cause of termination of service. 7. Total period of service. 8. Amount of wages last claimed. 9. Amount of gratuity claimend. I was rendered totally disabled as a result of [Here give Detail] Payment may please be made in cash/open or crossed bank Cheque. As the amount of gratuity payable is less than Rupees one thousand, I shall request you to arrange for payment of the sum to me by Postal Money Order at the address mentioned above after deducting postal money order commission therefrom. Yours faithfully, Place Signature/Thumb impression of Date the applicant employee. Note: 1. Strike out words not applicable. 2. Strike out paragraph or paragraph not applicable. 

 

 

Date of appointment is clearly at 5.

If you have resigned tick resignation 

Employee should discuss with elders of the family, competent and experienced well wishers, seasoned employee's/trade union ledaers, 

employee's own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person and even with seasoned PIP and proceed in best of your interest.. ASAP.

For such counsels; Check at LOCAL  Labor court/CGIT, O/o Controlling Authority of Gratuity e.g; ALCC, Educational/school tribunal, CAT, Civil Courts, HC,SC……..