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vivek intwala   12 August 2023

Query regarding gratuity

DEAR FELLOW LAWYERS,

I AM FACING A GRATUITY MATTER IN WHICH THE WORKMEN WAS PAID WAGES LESS THAN MINIMUM WAGES AND SO I HAD FILED MINIMUM WAGES CASE IN LABOUR COURT WHICH IS STILL PENDING. THE WORKMEN GOT RETIRED BUT WAS NOT PAID GRATUITY. SO I FILED GRATUITY BEFORE  CONTROLLING AUTHORITY AFTER SENDING NOTICE AS PER PAYMENT OF GRATUITY ACT. I HAD ASKED FOR GRATUITY AS PER MINIMUM WAGES ACT BECAUSE PAYING MINIMUM WAGES IS A STATUTORY RIGHTS OF EMPLOYER. I KEPT NOTIFICATION OF BASIC + D.A. IN  PENDING GRATUTIY APPLICATION, ALSO, KEPT JUDGEMENTS FOR PAYING MINIMUM WAGES TO A EMPLOYEES. THEN ALSO THE CONTROLLING AUTHORITY REJECTED MY APPLICATION OF PAYING MINIMUM WAGES FOR GRATUITY AND  ORDERED GRATUITY AS PER LAST DRAWN WAGES  CAN I GET ANY JUDGEMENT REGARDING THAT.      



Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     13 August 2023

You had already attached a judgment in your favor during the final argument.

If you are aggrieved by the judgment then you may prefer an appeal against the judgment instead of reading any further judgments.

You may file an appeal against the orders based on the facts you rely upon.

Before that, you are entitled for gratuity on the basis of the last pay drawn and not on the issue which is in dispute and yet to be decided 

Dr. J C Vashista (Advocate )     13 August 2023

Well analysed, opined and advised by senior expert Mr. T Kalaiselvan, I agree.

For calculation of gratuty BP + DA paid shall be considered but not as per Minimum Wages Act.

Have you moved in appeal against the order where you feel aggrieved ?


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