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Debasis (employee)     23 November 2015

Gratuity

I am from Kolkata, West Bengal.  I had joined medical transcriptttion branch of a company as production manager in August 2000 and that branch of the company closed down in November 2014.  All dues except gratuity were settled including PF.

In September 2015, I sent letter to parent company requesting for payment of gratuity and on no reply, sent a reminder in October 2015.  No reply yet.

I have all the relevant documents to prove that I was employed there and have been discharged from service due to closure.

My question is:  If parent company opts not to reply to my requests for payment of gratuity, who should I approach for remedy and where in Kolkata ?

Thanks in advance.

Debasis

 



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 3 Replies

Kumar Doab (FIN)     23 November 2015

Was any notice of closure issued to o/o Labor Commissioner, you?

Were you terminated?

Were you asked to join elsewhere?

Did you resign? If you were not terminated/resigned then how could you withdrawPF?

Did the company have its own PF trust and did it release PF on its own or did you apply for it?

Did you ask to relese the Gratuity after removal (by closure/termination/resignation etc)? If yes when.................................and did you apply for it before 2015 also and do oyou have the copies?

Did you submit FormI? if yes when?

Post full details and facts of the matter.

 

The Gratuity matter can be taken up in DCDRF also........................................and Controlling authority of Gratuity that might be DLC.

You may need to get the delay condoned! Delay can be obtained.

Debasis (employee)     23 November 2015

Was any notice of closure issued to o/o Labor Commissioner, you? No. I have not approached labor commissioner yet. Were you terminated? Yes. Reason being closure of branch. Were you asked to join elsewhere? Ni. Did you resign? If you were not terminated/resigned then how could you withdrawPF? Terminated on closure of branch. Did the company have its own PF trust and did it release PF on its own or did you apply for it? EPF. Applied and received PF amt. Did you ask to relese the Gratuity after removal (by closure/termination/resignation etc)? If yes when.................................and did you apply for it before 2015 also and do oyou have the copies? Terminated w.e.f dec 2014. Applied for gratuity in sep 2015. �Have all copies. Did you submit FormI? if yes when? Submitted request in simple letter, no form available.�

Kumar Doab (FIN)     24 November 2015

If the branch was closed (and not the company ) the company should have offered you employment elsewhere.

You could have contested the termination order!

 

You may approach an able counsel specializing in labor-service matters minutely and avise you further.

 


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