Manipulation of tdocuments by employer to avoid payment of gratuity Manipulation of tdocuments by employer to avoid payment of gratuity

6 years ago

Sir though my letter of probation expired in April 2013 but no new confirmation letter was issued to me like many of my collegues at DPS RajNagar Ghaziabad in back date last year due to expected enquiry by yogi govt.
Due to my family circumstances I had to resign in last May end and requested my former employer to wave off my notice period and as on them june being holidays will not be counted as notice period so they sent me in july end, a no dues certificate containing the amount of my salary for May to acknowledge and revert with this that I shall not claim anything else in future.
Which I refused and hence they deducted 3 months salary and sent me a cheque of 10k approx first without DA while calculation gratuity and on returning the same I received a cheque of 15k approx along with a reply by advocate on behalf of chairman of DPS which contained new set of rules signed by all of us to refer points regarding confirmation and notice period which states on expiry of probation period one is entitled to get confirmed on the discretion of managment if one fulfills all requirement but subject of letter was "put on new scale" which no where change status of my appointment from probation to a confirmed employee.
Now I realize as I took without pay maternity leave in 2014 hence I was not issued a letter of that sort as they have not given it to all those who awailed it being there .
After writing(repeatedly) to Manager DPSRN , chairman of DPS society , DIOS, DM, CM and finally labour commissioner I have been asked to file a suit in labour court on jansunwai app if I have worked there for 5 yrs
Will I get merit for the case as they are using documents as on them they are trying to manuplate documents to avoid filing paid maternity first and now my gratuity as well.
Is there chance to get it in my favour at labour court.

Adv. Sarika Khude

Responded 3 years ago

A.you have not been provided a confirmation letter then you are at loss
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Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client,On the basis of what information you have provided, if you have not been provided a confirmation letter then you are at loss. Secondly, If an organisation is making you work for years without proper documentation and statutory compliances then they are also at fault.kindly provide more detail.
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Rajender Prasad

Responded 5 years ago

A.dEAR SIR, YOU HAVE NOT MENTIONED THE FULL FACT, hOW EVER FOR details, contact some advocate through vidhikarya.com
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 6 years ago

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A.Look without seeing your documents it is not possible to provide you a proper advice. On the basis of what information you have provided, if you have not been provided a confirmation letter then you are at loss. Secondly, If an organisation is making you work for years without proper documentation and statutory compliances like EPF/Bonus/Gratuity then they are also at fault.

So, your question of will the case be in your favour depends on the many facts and the documents that will be produced in the court.
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