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MOHAMED FIROZ
A PERSON WORKED AS DRIVER OF OUR RECOGNISED MATRIC SCHOOL BUS FROM 1-8-2001 TO 31-3-2008 AND HIS LAST DRAWN SALARY WAS RS. 3000/-P.M. HE WAS ALSO ENROLLED UNDER THE E.P.F. SCHEME FOR THE ABOVE PERIOD OF 7 YEARS. HE RESIGNED HIS JOB ON 31-3-08 AFTER DETECTION OF THEFT OF DIESEL. HE HAS ALSO RECEIVED HIS E.P.F. AMOUNT THEREAFTER.
HE HAS GONE TO THE LABOUR COMMISSIONER CLAIMING GRATUITY FOR A FALSE PERIOD OF 11 YEARS AND CALCULATING HIS SALARY UNDER THE MINIMUM WAGES ACT @ RS 5000 PER MONTH.
PLEASE LET ME KNOW WHETHER MINIMUM WAGES ACT IS APPLICABLE TO SCHOOLS AND IF SO FROM WHICH DATE?
DO SCHOOL BUS DRIVERS COME UNDER THE T.N. GOVT. LABOUR ACT AND ELIGIBLE FOR MINIMUM WAGES SALARY AND GRATUITY BENEFITS?



From India, Madras
mravimtnl
74

Minimum ages are applicable to schools in TN. Pls check the notified DA of Minimum Wages of TN at the following
http://paycheck.in <link updated to site home> minimum wages/Tamil-Nadu.
You can check the minimum wages for relevant category in the schedule and determine the wages.
with regard to Gratuity, he is entitled to gratuity as he has worked for more than 5 years. Regarding false clam, liability is on him to prove that he has worked for 11 years with you. If you have any records like appointment letter/EPF form 2 or ESIC registration number for coverage / employment card etc may be produced before authority.
regards

From United States
kstkrishna_hr
Dear Sir, please provide recent official gazette notification about andhra pradash minimum wages Regards, KRISHNA
From India, Hyderabad
PATIL RAHUL
To,
Dear Firoz,
If you terminated him directly then you have to pay the gratuity,( but before that you must check whether he has completed 240 day each year ), but if you went to through the domestic enquiry and found him guilty, then organization can deprive him from gratuity benefit,

From India, Delhi
PATIL RAHUL
To,
Part of minimum wages will remain as it is,, mimimum wages are applicable all employment places, if in crosscheckng your organizationfound not paid minimum wages the may be you have to pay the arrears as well, ry to settle matter across the table,

From India, Delhi
rldhingra
23

Dear Mohammad
if the employee was terminated after hoding domestic inquiry and found guilty of misconduct , then you can forefeit the gratuity.
as per you he resigned on 31/3/2008. When did he approched the Controlling Authority with complaint for non-payment of gratuty.unless the complete details are provided it is difficult to give proper legal advice
Thanks & Regards
RLDhingra, Advocate
Labour Law Cnsultant, Delhi
09818309937 Email:rld_498@rediffmail.com

From India, Delhi
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