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sanjay kulkarni (civil engineer)     21 October 2015

Denial of p.f.and gratuity

i was working in A.P.M.C. as a jr.Civil engineer since 1985.Being graduate i asked for promotion and pay hike. But elected public body denied so i entered in court and i won in lower court. But an active rival officer intentionaly forced my autorities in high court.After fighting H.C.remanded back.But rival collegue didn't gaveup and hired some external mens to create headache and nuisance by making continuous allegatitions,charges on me in writing.so i decided to quit the job.But still they approach  to local news paper giving some defaming news and forced my authorities for enquiry.

Enquiry is in primary stage ,no charges has yet framed nor a single written note is issued to me but still they have accepted my resignition with conditions ,depriving me from my P.F./gratuity and other benifits.In the acceptance letter they mentioned so.So the acceptance letter issued is after notice period is over .No  bribery charges,no fraud or nor a charge of making loss of my institute still they decided to hold this.

I decided to leave due to these worries and again facing worry.Sanctioning conditional resignation what to do? 



Learning

 5 Replies

Kumar Doab (FIN)     22 October 2015

 

You may go thru:

 

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp

 

https://www.lawyersclubindia.com/forum/About-pf-and-gratuity-58041.asp#.VijSLG5-jMo
 

 

All docs on record and PF , Gratuity Rules applicable to your establishment and you should be examined in detail.

Consult an able counsel specializing in labor-Service matters.

 

 

 

 

1 Like

Sudhir Kumar, Advocate (Advocate)     24 October 2015

not understood what do you mean by denial of PF. please come clear.

sanjay kulkarni (civil engineer)     25 October 2015

My authority in acceptance of my resignatition letter mentitioned that "As you have offered a resignatition letter we are accepting it  subject to conditions that the proceedings of enquiry are under way( of this enquiry the office/enquiry officer not intimated me in written uptil now)and will all payables will be on hold till proceedings over and its outcome result are binding on you.

Kumar Doab (FIN)     26 October 2015

You may have chance if resignation has been accepted. Show all docs on record to an able counsel as already suggested and avail the services of a good 'Defence Assistant'.

Mr.Sudhir Kumar has posted in such threads and can guide you.

 

 

surendra prakash agrawal (advocate)     28 October 2015

Dear Sanjay, Your cause of action is strong enough where you refute conditional acceptance & negotiate in absolute terms. Management normally proceeds in a very biased and prejudiced manner. Be bold to during disciplinary action where you will be entitled for PF, Gratuity and leave encashment as all these are earned by you. Latest trend of Supreme court / HC rulings are in your favour.

SURENDRA PRAKASH AGRAWAL

ADVOCATE

T-113 PALLAV PURAM, PHASE-2

MEERUT PIN-250110 (U.P.) MOB:07830776602


Attached File : 243986 20151028201331 44003360 resume spa.docx downloaded: 202 times

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