Salary and gratuity not paid by the company to its employees and has shut down
My friend was working with Amprapali group but it has now closed down. He had worked for last July month 2017. His salary for July they are not paying. He had worked there for more than 5 years also his gratuity remain outstanding and unpaid. In his group there are many others who are remaining unpaid. So kindly guide how one could proceed legally against the company? Thanking you. Kindly help..
You have to file a criminal case against Amrapali group & its management for not paying your salary or other benefit. In this regard, you can file a a complain petition under section 420 I.P.C in the respective District Court.
you have to file different cases for gratuity and salary but both in labour court, gratuity is your legal right and employer cannot deny its payment
Section 4 of the Act mentions the obligation on an employer of an establishment to consider the case of each employee in the matter of payment of gratuity to him. The employer shall arrange to pay the amount of gratuity within 30 days from the date it becomes payable to the person to whom the gratuity is payable
you should hire an advocate having specialisation in such cases and file case for bothgratuity and outstanding salary
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A written complaint is maitainable in the office of the Labour Commissioner of the area. The designated person maybe the Asst. Labour Commissioner, who will hear the matter and decide either for a mutual settlement or will continue with registering a case agaisnt the employer.
A continuous and uniterrupted service period of 5 years in a company entitles a person for Gratuity, it is your absolute right to avail the Gratuity. For a more effective remedy, a class action suit can be filed with the Labour Commissioner where all the affected employees join hands and collectively sign the petition copy. The punsihment in such cases may vary from 6 months of imprisonment to 2 years.
Another civil suit can be filed parallel, with a claim for the Recovery of money (suit) under the Civil Procedure Code 1908.
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