finally controlling authority has called us for a hearing... I am willing to fight it on my own without any advocate.. also came to know one judgment of Sreeja B. v. Regional Joint Labour Commissioner And Ors.
COURT: KERALA HIGH COURT DATE: 5 MAR, 2015 .... any tips or suggestions?
From India, Delhi
2COURT: KERALA HIGH COURT DATE: 5 MAR, 2015 .... any tips or suggestions?
From India, Delhi
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 labour court).
They agree to pay a cheque with just the actual gratuity amount and not the penalty (which is as per gratuity act, 10% simple interest of 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 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 a settlement amount will be tax-free or do I need to get some kind of letter from the university that it is gratuity amount?
Thanks.
From India, Delhi
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 labour court).
They agree to pay a cheque with just the actual gratuity amount and not the penalty (which is as per gratuity act, 10% simple interest of 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 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 a settlement amount will be tax-free or do I need to get some kind of letter from the university that it is gratuity amount?
Thanks.
From India, Delhi
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 judgement and the Supreme Court judgement as quoted by you. The judgement of Madras HC has no binding force in Gujarat State. Supreme Court judgement as quoted by you is not pertaining to POG Act.
You had only one ground to fight. Your were discharged from your duties due to closure of your department.
Don't take time to take decision.
From India, Mumbai
Grab it immediately. Give whatever documents asked for.
Your case is not on merit in my view on the ground of Madras HC judgement and the Supreme Court judgement as quoted by you. The judgement of Madras HC has no binding force in Gujarat State. Supreme Court judgement as quoted by you is not pertaining to POG Act.
You had only one ground to fight. Your were discharged from your duties due to closure of your department.
Don't take time to take decision.
From India, Mumbai
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