I worked for an organisation for 16 years, resigned in Nov 2014 and left in Jan 2015. The compnay has not settled my dues except PF, that too after the intervention of PF department. I also submitted for gratuity with the concerned govt department, the Controlling Authority ordered in my favoure where as the firm appeled against the judgement after depositing the gratuity money with governament, citing the reasons that i made disappropriate assets during my working between 2010-2014 and I filed an FIR under various sections early 2016.
Now I would like to have expert opinions on how to counter this situation and get my legitimate money, they also not made my full anf final settlement till date.
From India, undefined
6Now I would like to have expert opinions on how to counter this situation and get my legitimate money, they also not made my full anf final settlement till date.
From India, undefined
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.
If your resignation is accepted and you were properly released in Jan 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.
However, the company has deposited the decreed amount before the government, hence, they are free to challenge each and every decisions of court till they reach the Supreme Court.
Since the matter requires thorough study of all papers and documents, much advice cannot be given here.
From India, Kolkata
If your resignation is accepted and you were properly released in Jan 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.
However, the company has deposited the decreed amount before the government, hence, they are free to challenge each and every decisions of court till they reach the Supreme Court.
Since the matter requires thorough study of all papers and documents, much advice cannot be given here.
From India, Kolkata
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc