Non settlement from pvt ltd company

Some body advised  that for such matters- after 3 years they can not  make legal action -Wait for 3 years and request as per Gratuity act

is this correct 

You may have your reasons but your act was improper.

Your employer did not terminate and left you to earn your source of livelihood without any stigma and litigation.

Therefore you may also attempt if you can resolve the matter amicably.

As per your post the matter is as simple as that while in employment of Ex. Employer you availed a non life insurance agency in your name (without any information and approval from your employer) and provided insurance policy to your Ex.employer and earned commission from your Ex.Employer……………………..It is a Pvt.LTd company!

----Does the service conditions in appointment letter issued to you or HR policy/Service Rules and regulations mentioned in appointment letter lay down any condition of prior approval for any parallel source of income………………………………and/or prohibition on any parallel source of income?

If NO: your action may not  be  Misconduct.

----Does standing Orders (Certified/Model) apply to establishment and your designation?

Is your act covered in list of Misconducts vide standing orders?

If NO your action may not  be  Misconduct.

-----Did the company issue any show cause notice, conduct inquiry, award opportunity of natural justice, pass a speaking order on forfeiture of gratuity to that extent, terminate your service?

Did the company supply notice of determination of gratuity?  

As per your post;NO?

However if there is anything that you have not posted and has concealed: You should post it.

If you have already posted everything then you can claim difference in payment of Gratuity.

There is  no ceiling on claiming Gratuity.

However in your case you may remain prepared to explain the delay.

If you have posted letters by normal post you may place these on record……………………and submit a fresh communication preferably thru Redg. Post.

It shall be certainly appropriate to consult an able Labor Law Consultant/Service Matters lawyer/Law firm specializing in labor-service matters, lawyer with all docs on record and give inputs in person, understand the merits,remedies,………………..before you proceed on your own. Your counsel may opine that you can stake claim on interest @10%pa on delayed payment.

Dear sir

Fist of all my sincere gratitude for your valuable advice and time.

Today I wanted do get the things amicably.

Before starting this agency i took written permission.-Then MD has given green signal.

(Further no written consent on this issue (all are forgotton)

Co.Certified standing order indicates no permission for parallel income

Co. has not issued Proper Appintment letter in early days (Co was partnership and later become pvt ltd company-and no appointment lettter issued under pvt ltd status)

I have  served and  Assistant manager and Manager accounts

(Standing order say all are employees)

Company has issued  3 letters  and advising for refund of commission earned ( commission earned is more than gratuity)

No Show-cause notice issued.No domestic enquiry  conductected  and not suspended and no speaking order issued on forfeiture of Gratuity and etc.

Company told Verbally that it will going make make police case and also file also civil case. But company remained silent.

Today my  plain question - Now its 4 year old issue - Are they initiate any legal proceeding  against me in labour court / civil court  in current date? 

Some body told wait for 3 years and  then go ahed and request for settlement.

PLEASE ADVICE SIR 

You have posted that:

" Before starting this agency i took written permission.-Then MD has given green signal"

Co. has not issued Proper Appintment letter in early days (Co was partnership and later become pvt ltd company-and no appointment lettter issued under pvt ltd status)

 (Standing order say all are employees)

No Show-cause notice issued.No domestic enquiry  conductected  and not suspended and no speaking order issued on forfeiture of Gratuity and etc.

Company has issued  3 letters  and advising for refund of commission earned ( commission earned is more than gratuity)

Co.Certified standing order indicates no permission for parallel income”

Thus you had written permission, and this was never withdrawn in writing.

Standing orders prevail upon appointment letter. So if no appointment letter is issued, certified standing orders alone shall be referred. Certified Standing Orders do not bar source of parallel income.

The company has already squared off commission income from Gratuity and other dues…………………..and what more action it would want to take.

Did you reply to the 3 letters issued by the company?

However it shall be certainly appropriate to consult an able Labor Law Consultant/Service Matters lawyer/Law firm specializing in labor-service matters, lawyer with all docs on record and give inputs in person, understand the merits,remedies,………………..before you proceed on your own. Your counsel may opine that you can stake claim on interest @10%pa on delayed payment.

sir

I have not replied to their 3 letters.

They have adjusted in books of accounts against my commission earned.

Our company haveing gratuity fund with LIC -They received   fund from LIC.soon after my resign.

My question is if i approach for want of Gratuity thru labour dept -They have to pay as per Gratuity act with prevailing interest.

Afterword - Is there any provision in law to make case agaisnt me in this current date after payment of Gratuity-

Any Such  case  decided in the  labour court/civl court/consumer court

please revert si

Dear sir

Please clarify  that  can company make civil case after making gratuity payment for revenge

is such provision for company can  excrcise ? please revert

Last Reply

Two points are assumed from your post.

1. What revengful action and civil case.

2. Shall the civil case succeed.

If payment of  Gratuity was not made by the employer and Gratuity can not be forfeited as per explanations/facts posted by you, then action of employer is not just and right.

If a lawful forum/authority/court of law  e.g. DCDRF, Controlling Authority of Gratuity passed order that employer has to pay Gratuity with interest then the action of the employer is declared illegal.

Subsequently how can employer claim back Gratuity by some revengful action...................and/or what grounds it shall prove its view point in civil court.

Finally:::: it shall be certainly appropriate to consult an able Labor Law Consultant/Service Matters lawyer/Law firm specializing in labor-service matters, lawyer with all docs on record and give inputs in person, discuss all of your apprehensions/points, understand the merits,remedies,………………..before you proceed on your own.

Your counsel can update you on all provisions also.

You may wait for posts from other experts/members.