Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager
Mohandas_1986
Manager Hrd

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Dear Seniors,
Kindly note one of permanent worker got terminated due to Long absenteeism after conducting proper disciplinary procedure. But he is denying to accept gratuity and other benefits like Company Welfare fund, etc....
We intimated him over letter communication to come and accept , He has not responded.
On this ground should i submit the gratuity payment to controlling authority? . It has been 1 year when we removed from our master role.
Is it possible for him to go and file ID against company with regards to his termination after 1 year ?
Should i pay the intrest for the gratuity
Please advise

From India, Palakkad
Dear Mohandas,
1) Since almost one year is over from the date of termination, the interest liability on gratuity arises even though the employee failed to collect it from the employer even after intimation. Therefore, deposit the amount with the C.A together with simple interest @ 10% p.a from the date it became payable.
2) The time limit for raising an industrial dispute u/s 2-A is 3 years from the date of termination. Therefore, within that period he can raise a dispute.

From India, Salem
Thank you Umakanthi Sir , for your valuable feedback , Let me clarify one thing , when we submit the Gratuity payment at C.A , Should we intimate the concern employee in writing that we have deposited his payment with C .A .
Regards

From India, Palakkad
It is upto your company/management to inform the terminated employee. But statutorily speaking, once the company decided to deposit the amount to the C.A, the concerned employee need not be informed. (You have amply informed him to collect the gratuity dues, but of no reply).
From India, Aizawl
Dear Radhakrishnan Sir, Thank you so much for your feed back.
From India, Palakkad
Can an employee be terminated after 5 years of enquiry that too without any payment of wages in between or any interim relief. Company does not have any Certificate Standing Orders and not complying with Model Standing Orders.
From India, Kanpur
Anonymous
Terminating an employee after 5 years of enquiry that too without any payment of wages and benefits in between and labour court decision on adjudication matter that the Workman is not entitled for any consequential benefits and the transfer order served by employers is correct. The company does not have any Certified Standing Orders and not complying to Model Standing Orders. Lower court not favoured the employee. The matter is on high court. Can Miscellaneous labour court cases under 33C2 be transferred from one court to another as State DLC gives in writing that they can intervene only in adjudication matter filed through them. How to overcome?
From India, Kanpur
Dear V.G,
The case you've narrated most probably pertains to that of a Sales Promtion Employee (Medical Rep) employed in a Pharma Co.if I presume correct. I think that you have omitted the crucial part of the episode. The efflux of 5 years without pay might be due to the reason of the employee's refusal to join in the transferred place as he would have been fighting his transfer in any Labour Court as illegal and against the model standing orders and lost the case. Despite the later amendment to the term workman under the ID Act, 1947, lower Courts as well as S.C uphold the ratio decidendi of the earlier Adhyantaya case. Its better for your trade union to move the Legislature to take further suitable action in this regard.

From India, Salem
Dear Sir,
I have worked in private ltd company around 9 years 5months now the business is very low in our chennai office. They are not providing my salary on date. They are crediting my salary in next month. shall i get gratutity.

From India, Chennai
Of course, the temporary inability of the employer to disburse salary can be tolerated for some time by the employees. But when it becomes a routine affair, no purpose in continuing one's employment under such employer. The employee can opt to resign and thereby claim his gratuity if the entire service rendered so far is not less than 5 years of continuous service..
From India, Salem
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