Gratuity not paid and also full and final settlement not done Gratuity not paid and also full and final settlement not done

5 years ago

Hello my ex company has not cleared my full and final settlement and also not paid my gratuity i have proof of working 14 years and 7 months with the company. I have emailed my gratuity application to HRD and Admin well in advance before leaving and also request for my full and final settlement. My ex company just responded saying my director wants me to meet him. Which i politely refused asking to clear my dues first. Later i went to Labour office at Bandra and also gave form N - Application for direction to the asst labour commissioner and got it acknowledged on 10-07-2018 , but no reply till date. Tried RTI to know status , but got a reply saying that i cannot ask details from Govt department. Kindly give me a solution.

Shanti Ranjan Behera

Responded 5 years ago

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A.Dear Mr Nair,
First send a Legal Notice through an Advocate.
Second file a case in the Court of Law to get your dues along with interest and penalty for harassment.
Shanti Ranjan Behera
Advocate
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Vidhi Samaadhaan Vidhi Samaadhaan

ARPIT BATRA

Responded 5 years ago

A.You can approach us for the same.
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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.U can approach to the labour commissioner office and made complaint against them
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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.Dear client, pl. follow the advice givenby my learned advocate colleague. FOR DETAILS, PL. CONTACT SOME ADVOCATE throughvidhikarya.com.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,
Challenge that endorsement before higher authorities and get details through RTI and make an issue before the labor commissioner and High Court.
For full procedure contact me on mobile through Vidhikarya.
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Roshan Nair

Replied 5 years ago

Sir I had filed online RTI & following is the reply after filing first appeal online :

As mentioned in the guidelines for use of this portal, this facility is not available for filing RTI applications for the public authorities under the State Governments, including Government of NCT Delhi. Since your RTI application is meant for a public authority under the State Government, the same is returned herewith. You may file the same before the concerned public authority under the State Government.

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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 5 years ago

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A.Send a legal notice to your ex employer followed by a civil suit to recover your money. If you are worked at or above managerial level then Labour Commissioner will not be much help.
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Roshan Nair

Replied 5 years ago

What would that cost sir. And what could be the next time frame for the ex employer to respond to the suit for paying gratuity and the full and final settlement

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Abhimanyu Shandilya

Replied 5 years ago

Dear Roshan if you want me to send the legal notice then I charge 7500/-. and for filing case you should hire a local lawyer in Bandra (Mumbai). I am not in Mumbai.

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