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nathrao
3131

""When yourself itself indicating having received appointment letter on 30th June,2015 then how r u eligible for gratuity is not under stood.""
These kind of appointment letters are given by employers who may be trying to avoid payments like gratuity.
But when employee complains about non payment of gratuity labour inspector will check many things other than appointment order-payslips,salary deposits to bank etc.
However much one may try and hide some proof of employment always remains and welfare legislations lean towards payment rather than avoidance of payment like Gratuity.

From India, Pune
jitesh.tandel
Thanks for reply
In appointment latter, company mentioned that I have worked in a firm from Apr 2009 to June 2015.The date of appointment is also from Apr 2009.
Based on appointment letter,I can say that I worked in a firm since 6 years.
company is just playing a game with us by showing 2 different companies.
They don't want to pay labour benefits.
Jitesh

From India, Valsad
nathrao
3131

Jitesh,
You are entitled for gratuity as per facts mentioned by you.
Approach Labour Commissioner for relief and instructions for payment.
No point of further discussion.Just put up a written application to Labour authorities giving all relevant facts and then let things move ahead.
Let the forum know finally what happens.

From India, Pune
jitesh.tandel
Hi
Question: Is your company a private ltd/public ltd company or is a partnership??
Ans: First mentioned company(XYZ Solutions) was sole proprietorship,and second company(XYZ Software Solutions LLP) is partnership based.

Question: Does your company publish any annual report etc?
Ans: Both companies didn't publish any annual report.
Question: what type of company were both of them?
Ans: Both the companies are software solution based.
Question: who is running the company?
Ans: First company doen't have any existence right now.It's not running.
Currently just "XYZ Software Solutions LLP" is running.
For first company((XYZ Solutions) ),owner is proprietor,and for second company
same owner is now showing partner due to "LLP" firm.
So for both companies management were same.

Let me know if anything to clear the whole story.

From India, Valsad
jitesh.tandel
Thanks
I am not sure but as per my experience in a company, it look like LLP was formed by converting all taking over the proprietorship firm.
and LLP company is connected with previous proprietorship firm.
Since LLP was formed there is no more existence of proprietorship firm.:-)

From India, Valsad
rldhingra
23

DearJitesh ji , your question needs detailed and accurate reply .Please wait till Saturday for my views
From India, Delhi
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