Thread Started by #thrisangu-vaithi

I was working in a corporation Ltd company for 18 years, due sick/over liability of the company, the management has decided to sale the company. Accordingly, the company has been sold and and all employees were transferred to the new company with service continuity. The new company run the unit for 4 years and they have tried to sell the company to another part and they have gradually stop the business. Mean time many employees were left from the company. Finally some 4 to 5 persons were working and we were also resigned and left out from the the company. At present the company is totally closed.
Only security people taking care of the company. During the period of service the employer not even paid the salary or stop the service of the remaining employees at the worst case all remaining employees left out the company. Myself i have 6 month salary due and not yet paid the gratuity. We have complaint a case against the Employer in the labour court. The case is going on. in this case only the previous employer advocate attend the court. but the purchase employer not yet attend the court. even no reply sent to the court. We are in difficult situation. My age is around 53 and i could not get any job in a reputed company.
Please advice me/us for further possibility to get our worked wages and benefits.
31st May 2018 From India, Mumbai
There is no mention in the post about the nature of case pending before the Labor Court - a dispute referred u/s 10 of the Industrial Disputes Act,1947 or a joint-claim filed u/s 33C(2) of the Act for recovery of moneys due to the workmen is also not known. Any way, the fact is that the Company switched hands along with its employees with continuity of their services and reached the stage of closure eventually while all the workmen left the Company on their own gradually before its closure due to the continued non-payment of wages for months together. Therefore, if at all, there can be only two types of claims - one is gratuity and the other is unpaid salary till the respective dates of resignation of the workmen concerned. Of course the Labour Court is empowered to entertain and dispose of the claims of unpaid wages u/s 33C(2) but can not decide the claim relating to gratuity. For gratuity, you have to file claims before the Controlling Authority under the Payment of Gratuity Act,1972 only. Any way, you have to await the outcome of these legal proceedings of recovery only and no other go. Better, urge your counsels to file expedite petitions before the forum concerned.
31st May 2018 From India, Salem
Dear Sir,
If the employee worked a company for 5 years and resigned then he will be the eligible for gratuity.
now i have a doubt, if employee will rejoined in the same comapany and completed again 6 years then he will be eligible for gratuity are not?
sailaja
31st May 2018 From India, Hyderabad
Dear Sailaja,
Service for gratuity implies the unbroken continuity of the contract of employment between the same employer and the employee concerned. One of the formal termination of the contract of employment is the effective resignation by the employee. When the resignation of the employee is accepted by the employer and pursuant to this he is relieved, the particular contract of employment comes to an end and the employer-employee relationship gets snapped. So the disbursement of all terminal benefits including gratuity becomes effective.
Now, after getting all his terminal benefits for the period of service rendered upto resignation, whenever if the employee joins the services of the same organization/employer for whatever reasons, it is a fresh contract of employment and the employee distinctly enters into a fresh innings of service too. His eligibility to gratuity, therefore, depends on the qualifying factors in that subsequent service only.
31st May 2018 From India, Salem
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