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Kannan   02 September 2017

Writ petition

My employer withheld my retirement benefits and so I have filed writ petition against him in the high court.Now the employer intentionally delays to give counter. I already asked the interim relief in the main petition... I have 2 qstns. 1) Is it possible to ask interim relief again before the next hearing ? 2) Can I apply in ACL to get my gratuity? (pending writ case)



Learning

 16 Replies

ADVOCATE NITIN KAPOOR (Advocate)     02 September 2017

Yes you can always ask for an interim relief by moving an appropriate application, if not moved yet.

Advocate Nitin Kapoor

Mob: 8800692624

Kannan   02 September 2017

Already asked interim relief in Main petition. Employer have not given the counter yet .. Is it possible to ask the interim relief before next hearing...

R Trivedi (advocate.dma@gmail.com)     07 September 2017

Who is your employer and what are these retirement benefit heads?

R Trivedi (advocate.dma@gmail.com)     07 September 2017

Who means government or private?

Kannan   07 September 2017

Quasi government. I worked in Tamilnadu co-operative milk union (aavin).

 

Kannan   07 September 2017

Quasi government.They I worked in Tamilnadu co-operative milk union (aavin).

They withheld gratuity, leave salary, exgratia pension...

(Guest)

What your own advocate told you about your queries?

 

Kannan   07 September 2017

I have not asked my Lawyer yet...

(Guest)

First ask your own lawyer. If not convinced, discuss with him again till your satisfaction. However, if still you get any doubt about his advice, then come here with the nature of your doubt and reason for that. otherwise, your lawyer may not be bound to listen to some one else's advice, if you get here. Rather, he may feel offended on being distrusted.

 

 

Kannan   07 September 2017

Sure... Thank you so much for your time... I will ask my lawyer... I already asked too many questions to my lawyer and so I didn't want to disturb her... So only asked here...

Kumar Doab (FIN)     08 September 2017

The higher court may also ask to follow procedure of payment of gratuity per applicable Gratuity rules/Act.

Submit FormI, under proper acknowledgment.

Hope your LOCAL lawyer is a counsel specializing in Labor/service matters and might have advised you tosubmit FormI mentioning  that 'Notice of Determination of Gratuity' and payment has not been supplied to you despite representations in person/by emails etc on dated................to Mr/Ms.............

 

1 Like

Kumar Doab (FIN)     08 September 2017

Good lawyers worth their salt do not get offended if client explores and fetches information...

1 Like

Kumar Doab (FIN)     08 September 2017

At LCI there is NO bar or restriction of any kind that employee that has approached lawyer must not post query and discuss.................

1 Like

Kumar Doab (FIN)     08 September 2017

Request your own LOCAL lawyer to help you on interim relief that has been prayed.


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