Non payment of grauity

Kindly look into the attachment:

- Preferential Payments:

"all sums due to any employee from a provident fund, a pension fund, a gratuity fund or any other fund for the welfare of the employees maintained by the company;"

-"(3) Where an employer intends to close down the business he shall submit a notice in Form C to the controlling authority of the area at least sixty days before the intended closure."

From,

Yogesh Chandra Brizawasi

6-130,Talli Bamori,Nababi Road,Near Barsati ,Nahar.

Haldwani-263139

To,

1)The Director P&A

Maharishi Vidya Mandir

National Camp Office

Bhopal-462018

2)The Principal

Maharishi Vidya Mandir

Jajardeval.Pithoragarh 252601

Subject:Reply of letter under RTI ,dated 06/10/2011.

Ref:Letter from Sr.Admin.Officer,legal to my Advocate Mr.Shiv Kumar Belwal;dated 26/12/2011

Sir,

Application before taking up the matter under conciliation .I would like to submit as under.

1.My notice claim is tenacious and based on right facts that I am selected for the post of Administrative Officer as per letter dated 10^th Sept 1998 issued by Mr.K.Giri(authorised signatory) and underwent rigorous TTC training w.e.f.01^st Oct 1998 to 26^thMarch 1999,without any salary or wages, even I have deposited Rs 10,000 as training security amount, which could not be refunded till date .Although I have worked  with utmost sincerity and honesty to the best satisfaction of all my superiors like Dr.J.S.Gaur,Dr.Tim Johns and Mr.Douglus ,Mr.Strrv Briggs etc.,therefore instead of my other batch mate my date of joining decided to treat as 27^th March 1999,inspite of 19thApril; 1999 as applicable to my other batch mates.(Ref:MVM/NO/P&A/s/99;dated 6^th July 1999)

2.That I never received any perks/salary during my training and nor I did receive my salary w.e.f.26^th March 1999 to 28^th March 1999;till date.

3.(i)I started to receive my salary for the month of April and May 1999 through Cheque no.046029 dated 7^th June 1999,amount Rs 4280.(Received this cheque on 19^th July 1999)

Detail is as under,

Basic @Rs.2000+100%DA    for Two months------------------------=Rs. 8000/-

Deduction of PF(two Months)------------------------------------------=Rs.720/-

Security amount deducted(refundable)-----------------------------=Rs.3000/-

                                                                                                                ------------------------

                                                                                                                                Rs.4280/-

ii)I received another cheque against salary for the month of June;no.048527 dated  08/07/1999 ,amount Rs.2696/-;on daed 19^thJuly 1999.

Detail is as under,

Basic @Rs.2000+100%DA                              ------------------------=Rs. 2000/-

Deduction of PF                                                ------------------------------------------=Rs.304/-

Security amount deducted(refundable)-----------------------------=Rs.1000/-

                                                                                                                ------------------------

                                                                                                                                Rs2696/-

Total security amount Rs.4000/-deposited with my first 3 months salary.

3.A)I have already submitted form 19 &10 C on dated 02^nd Feb.2011 to Mr.U.C.Bhatt(ex-Principal MVM Piyhoragarh) and again through Registered letter forwarded remark by Mr.Sanjeev Pandey ;Principal MVM Piyhoragarh.(Photocopy copy of such letter again sent you through Post No.EV261565IN dated 17/01/2012.)

B)As per point no. 02 in above referred letter; total EWF (refunded) amount Rs.12480 along with arear w.e.f.01^st Oct 2005 to 31^stDec.2007 is needed.

C)It is not mentioned in my Appointment letter that my post is not entitled for Vth pay rule as I was working in MVM and other staff was benefitted to 5^th Pay Scale. Kindly provide me salary difference as per my existing IVth pay scale w.e.f.01^stOct.1998/26^th March 1999 to 4^th March 2011.Even I could not get the following salary   as per my existing IVth pay scale too.

i)26^th March 1999   to 28^th March1999(3 days)

ii)26^th Dec.2006 to 30^th Dec.2006(5 Days)

iii)01^st Jan 2011 to 4^th March 2011(2 Months-04 Days)

D)I am disagree to this point ;to keep record and maintain accordingly is responsibility of concern Department not a particular individual against any claim.

E)I need Gratuity on the basis of my permanent service w.e.f. 01^st Oct.1998/26^th March 1999 to 4^th March 2011.

F)There were no contrary instructions /ruling received by myself for 26^th Dec.2006 to 30^th Dec.2006(5 Days) salary.

G) There were no contrary instructions /ruling received by myself not to take wages for the duration of TTC Training(1^st Oct.1998 to 30^th March 1999.

4.Mr.Indrajeet Dutt(Sr.Admin Officer-legal) advised my advocate that I myself ,being as Sr.Admin.Officer,not covered under Labour & Industrial Laws. Yet your letter no.MVM/NCO/P&A/R/G-2/2-3/2011 ,dated 22 jan 2011, states that administrative duties were being done by me.

5- I myself never try to threaten and level falls allegations on organisation. Although I was suffered by Principals with effect from 21 June 2001 to 10 Dec 2010, to level falls allegations on me due to my dedications towards organisations policies. Acceptance of my conditional resignation and no answer from your end is proof of institutional harassment towards me .

I am amazed as to why my dues has not yet not been refunded to me so far. Even organisation could not provide me my experience letter after acceptance of my conditional resignation.

I spent my valuable twelve years to serves organisation and sure that organisation will not become bankrupt by refunding my dues, whereas each penny of this sum counts a lot for a person like me.

Please instruct the Principal MVM Pithoragarh to expedite settlement of my dues.

Thank you.

From,

Yogesh Chandra Brizawasi

6-130,Talli Bamori,Nababi Road,Near Barsati ,Nahar.

Haldwani-263139

Bank Of India Account No.689510110000305

Pithoragarh

sir i am ashwini kumar pandey  i have worked about 9 years in maharishi vidya mandir bilaspur  (c.g.)  as a TGT  from 10.8.1994 to 20.6.2004. my employer is not releasing my grauity amount till today although i have sent many application and also RTI through the cbse office bhubaneshawar but he did not provide any information p&a  of  maharishi vidya mandir bhopal always trying  to over look on my request by application and by telephone .sir what i can do to get my grauity amount  please help me .

You can lodge application in Form I with controlling authority of Gratuity whihc may be ALC/DLC in your case.

SIR 

THANK YOU VERY MUCH 

PL GIVE ME PROPER DETAILS WHOM AND HOW I CAN FILL THE FORM AND WHERE I COULD SEND MY FORM WHAT DO YOU MEAN BY ALC/DLC.

Controlling Authority: O/o Labor Commissioner.

ALC- Asst. Labor Commissioner.

DLC- Dy.Labor Commissioner.