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anjanatanay@gmail.com
11

DEAR ALL,
Please help me to clear my concept.
Our company is a mining company in Odisha and due to the stoppage of mining operation company had retrenched the employees. I want to know that if any company retrench his employee then is the company liable to pay all the Gratuity amount to respective employees.?
Regards
Anjana

From India, Bhubaneswar
saiconsult
1899

You have to pay gratuity provided the employee completed five years of continuous service prior to retrenchment in terms of Sec.4 of the Payment of Gratuity Act. B.Saikumar Mumbai
From India, Mumbai
Ordysen
3

Can a Controlling Authority under the Payment of Gratuity Act can file prosecution against the erring employer for non-payment of the Gratuity?
From India, Howrah
saiconsult
1899

The Controlling Authority under Sec.11 of the Gratuity Act, can initiate proceedings for prosecution by making a complaint to a Magistrate. However , he cannot do it on his own but he shall be authorised by teh State Government or the Central Government to make such complaint. Once authorised, he sahll make such compalint to the Magistrate within fifteen days.
B.Saikumar
Mumbai

From India, Mumbai
raomohan14@gmail.com
You raised the query late. This should have been raised before acting on retrenchment. Better follow now Mr Sai kumar’s advice.
From India, Ahmadabad
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