Salary related query

Why are u silent for 30 month?

Do u make any correspondance to get the 6 lakh?

It is service matter hence u need to approach the tribunal court.

There is some query 1st is it private company or govt. company?

2nd have you made any communication or representation?

You have time only for 6 months more. If you have not made any stapes you may lose your right.

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

There is  no limitation to claim Gratuity.

There is no Limitation to approach tribunal/Labor court.

Unpaid wages are debt on employer.

While posting such queries employee should always post basic information;



What is this establishment; Commercial, Industrial?

What is its line of business?

How many persons are employed in it?

Does standing order apply in your case; Model/Standing?



What is your designation and nature of duties?

Do you have any power to sanction (Not just recommend) leave/increment/appoint/terminate/appraise/grant OT etc etc…………..



Can anyone change/cancel your recommendations?



How many persons report to you?



You are in which state?

Your service is under probation or confirmed?



For how many months you have been working?



What is the notice period tendered by you?



What is the notice period as per appointment letter?

Has your resignation been accepted? Did you get reply?



Have you been getting salary slips?



What was your monthly salary with break up?
 

Are you a member of employee's/trade unions?

Have you consulted a very able counsel specializing in Labor/Service matters?

If yes what is his opinion?

Dear Sir,

It is a private limited company. Post moving out of the company made many communication and after six months they gave an undertaking that company owes the said amount and it will be disbursed in 20 months indicating the company is under loss. But after paying the first instalments they stopped paying the amount and on writing a mail and making a call they refused to entertain my mails or calls. Post that sent a legal notice but there was no reply for close to 3 months then approached the Gratuity commissioner for my gratuity amount.

The Gratuity case was with Assistant Labour Commisisoner and the judgement was in my favour (after close to one year) after 118 days he has gone on appeal with Deputy Labour commissioner and always he takes time and it is still pending.

One of my friend said that for filing a case in Civil Court 10% of the amount needs to be paid since i am without a job it was difficult to file a case and also i did not have clarity on it. Also thought that if i get the gratuity amount i can proceed with the civil case. Alternatively the same friend informed me that why don’t you file a case in the labour court. Hence confused please advise me.

Thanks

V Padmanabha

You have not replied pointwise, to all points.

Reply to each point,pointwise.

You have posted that:

"they gave an undertaking that company owes the said amount and it will be disbursed in 20 months indicating the company is under loss. "

Why such undertaking?

Is it stated in writing that company is under liquidation?

If NO; why are you influenced by indications?