• PF and Gradiuty amount

Dear Sir/Madam
Kindly I have worked for 10 years in Premnath Diesels Pvt limited.
In between I have started own work against company rules but in own worked I have been not done anything wrong with company , whatever parts required for own worked have ordered to self company only and due to that someone informed same to MD Sir and they have heldup my ordered parts as well as my advance amount.
Since last six months I am asking for same after resigned but not received same so far.
Kindly note have done some mistakes while doing job but not done by purposely.
Refer to above have requested head office to ordered parts against customer purchased ordered but after receipt of parts knew that items was wrong ordered by myself.
Pls note head office before placing orders checking each and every points from there end but in that case not checked and all fault come on myself.
Pls note in appointment letter they mentioned no one employee without approval start any type of work but I started same and now I am nothing get from there end.
Have returned car which I had purchased from company but MD asked verbally to return so that I returned same .
I don't have any proof for purchase of car , in bank statement will show what payment I had paid to company and repair bills also I have.

All expenses details given to company for return of old car, advance, and pf gradiuty amount but to date not received same.

In regard of above requesting you to please advise how to do needful through legal method.

Regards
Vinod Kumar
Asked 6 years ago in Labour

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9 Answers

Have you transfer the registration of car in your name ? To recover car, file police complaint agasint company.

Doing business while in job not illegal and you can issue legal notice to company for wrong stock supplied. Ask them for exchange.

Company can`t do anything.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

For PF and gratuity, issue legal notice. Still not released, complain to labor commissioner.

For other things to recovered, send another legal notice. Better file FIR.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

during course of your employment with company you cannot carry on any other business

 

2) if your gratuity amount has not been paid by company 

issue legal notice to company to pay your gratuity amount

 

 

3) if company inspite of notice refuses to pay you can file claim before the Controlling Authority under the Payment of Gratuity Act within the area, your employer's establishment is situated or where you were working at the time of termination.

 

 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Immediately file an application for the Gratuity before the Competent Authority(DLC/ALC) of the area and for the PF write to the PF ombudsman.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

You can send a legal notice to them for paying the same.  If not paid you can approach labour court for the same

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Hi,

You are suggested to first serve a legal demand notice for your dues and if not paid file case in labor court.

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

You may issue a legal notice to the company demanding your genuine dues from the company and give a time stipulating the payment failing which you may inform that you will be constrained to approach court of law for recovery.

If the company is not responding or not complying with the demand made, you may file a money recovery suit before the jurisdictional civil court.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

For payment of PF and gratuity amounts, you may approach the commissioners of PF and gratuity to direct the employer for release of the same by giving a complaint to them in writing.

For other dues from employer you may take legal action as suggested earlier.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear Client 

It is illegal to start a new work or job while working for one company. But you are entitled to get the Gratuity for which you can send a legal notice through an Advocate for disbursement of Gratuity.

If still they refuse to pay the gratuity you can file a claim before labour court of area where your company is situated.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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