I worked for an organization for 16 years, resigned in November 2014, and left in January 2015. The company has not settled my dues except for the Provident Fund (PF), which was only processed after the intervention of the PF department. I also submitted a claim for gratuity with the concerned government department. The Controlling Authority ruled in my favor; however, the firm appealed against the judgment after depositing the gratuity money with the government. They cited reasons that I made inappropriate assets during my work between 2010 and 2014. I filed an FIR under various sections in early 2016.
Now, I would like to have expert opinions on how to counter this situation and get my legitimate money. They have also not made my full and final settlement to date.
From India, undefined
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6Now, I would like to have expert opinions on how to counter this situation and get my legitimate money. They have also not made my full and final settlement to date.
From India, undefined
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Provision for Appeal Under the Gratuity Act
There is a provision for appeal under the Gratuity Act by depositing the amount before the Appellate Authority, which the company did, and there is no illegality in it.
Effectiveness of Charges After Resignation
If your resignation is accepted, and you were properly released in January 2015, and thereafter the company brought charges against you, then this charge won't be effective since your resignation has been accepted, and your service was not terminated.
Company's Right to Challenge Court Decisions
However, the company has deposited the decreed amount before the government; hence, they are free to challenge each and every decision of the court until they reach the Supreme Court.
Need for Thorough Study of Documents
Since the matter requires a thorough study of all papers and documents, much advice cannot be given here.
From India, Kolkata
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There is a provision for appeal under the Gratuity Act by depositing the amount before the Appellate Authority, which the company did, and there is no illegality in it.
Effectiveness of Charges After Resignation
If your resignation is accepted, and you were properly released in January 2015, and thereafter the company brought charges against you, then this charge won't be effective since your resignation has been accepted, and your service was not terminated.
Company's Right to Challenge Court Decisions
However, the company has deposited the decreed amount before the government; hence, they are free to challenge each and every decision of the court until they reach the Supreme Court.
Need for Thorough Study of Documents
Since the matter requires a thorough study of all papers and documents, much advice cannot be given here.
From India, Kolkata
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc