Finally, the controlling authority has called us for a hearing. I am willing to fight it on my own without any advocate. I also came to know about a judgment of Sreeja B. v. Regional Joint Labour Commissioner And Ors.
COURT: KERALA HIGH COURT DATE: 5th March 2015
Any tips or suggestions?
From India, Delhi
Acknowledge(0)
Amend(0)
2COURT: KERALA HIGH COURT DATE: 5th March 2015
Any tips or suggestions?
From India, Delhi
Acknowledge(0)Amend(0)
You stand a good chance to get favourable decision for payment of gratuity.
From India, Pune
Acknowledge(0)Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
Hello All,
Thanks for all your quick support and motivations. Finally, I got a call from the university advocate to settle the gratuity case outside the labour court (after frequent visits to the labour court). They agree to pay a cheque with just the actual gratuity amount and not the penalty (which is as per the Gratuity Act, 10% simple interest of the gratuity amount per year, i.e., for 3 years). They will also make me sign an agreement on Rs. 20 stamp paper that all my dues are cleared now and full and final settlement is done. They said if I want the penalty amount, then be ready to fight till the high court and supreme court!
So, the last piece of advice I would require is as follows: Should I settle the case with just the gratuity amount (without the penalty amount) or have the burden of high court expenses for the penalty amount? Should I sign the agreement of all dues cleared? Will this amount I will receive as a settlement amount be tax-free, or do I need to get some kind of letter from the university that it is a gratuity amount?
Thanks.
From India, Delhi
Acknowledge(0)Amend(0)
Thanks for all your quick support and motivations. Finally, I got a call from the university advocate to settle the gratuity case outside the labour court (after frequent visits to the labour court). They agree to pay a cheque with just the actual gratuity amount and not the penalty (which is as per the Gratuity Act, 10% simple interest of the gratuity amount per year, i.e., for 3 years). They will also make me sign an agreement on Rs. 20 stamp paper that all my dues are cleared now and full and final settlement is done. They said if I want the penalty amount, then be ready to fight till the high court and supreme court!
So, the last piece of advice I would require is as follows: Should I settle the case with just the gratuity amount (without the penalty amount) or have the burden of high court expenses for the penalty amount? Should I sign the agreement of all dues cleared? Will this amount I will receive as a settlement amount be tax-free, or do I need to get some kind of letter from the university that it is a gratuity amount?
Thanks.
From India, Delhi
Acknowledge(0)Amend(0)
Settle it. No point of stretching it. The example is already set now.
From India, New Delhi
Acknowledge(0)Amend(0)
From India, New Delhi
Acknowledge(0)Amend(0)
Dear Adindi,
Grab it immediately. Give whatever documents asked for. Your case is not on merit in my view on the ground of Madras HC judgment and the Supreme Court judgment as quoted by you. The judgment of Madras HC has no binding force in Gujarat State. The Supreme Court judgment as quoted by you does not pertain to the POG Act. You had only one ground to fight. You were discharged from your duties due to the closure of your department. Don't take time to make a decision.
From India, Mumbai
Acknowledge(0)Amend(0)
Grab it immediately. Give whatever documents asked for. Your case is not on merit in my view on the ground of Madras HC judgment and the Supreme Court judgment as quoted by you. The judgment of Madras HC has no binding force in Gujarat State. The Supreme Court judgment as quoted by you does not pertain to the POG Act. You had only one ground to fight. You were discharged from your duties due to the closure of your department. Don't take time to make a decision.
From India, Mumbai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.