• Gratuity case pending at Goa High Court

I was working with pvt limited company at Mumbai for 8 years I was resigned with one month notice period from company from Dec 2015. After resignation I requested company m d through various emails to release my grauty amount and last month salary 
Salary amount is around 1.25 lacs till date not paid by my previous employer.
In January 2016 I joined other company and now working at Goa. 
July 2016 I filed application to direction to release Grauty amount at regional labour commissnor ( Central) at vasco Goa. 
Then RLC ( c) send notice to MD to present for hearing 
In hearing MD informed through letter to RLC that his office has no jurisdiction as his company governed under state government so jurisdiction is Mumbai 
Then I submitted proofs of company working at different state on that base
After 2/3 hearing RLC PASSED order on January 2017 To pay 230000/- plus 10 percent simple interest and pay payment within 30 days on the basi 

After completion of 30 days RLC orderd Collector of Mumbai at Bandra to attach property of company for Grauty payment 

On 3/8/2017 
Ex employer filed writ petition at Bombay high Court at Goa to quash RLC order 
Court sent me notice to present in court 
I am not able to provide advocate because of high fees of advocate 
On 28/11/2016 bomby high court at Goa order interm stay 
After this no progress till date in the case

Plz guide me in this case so that I can get Grauty amount and my balance salary
Asked 6 years ago in Family Law
Religion: Hindu

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6 Answers

You can go to legal aid if you don't have lawyer. Once interim stay is giventhe same will be decided on merits. Court will provide you the same. You can also contact me through kaanoon and I can appear in your case in affordable fees. 

Prashant Nayak
Advocate, Mumbai
33718 Answers
227 Consultations

1) litigation is long drawn and expensive proposition 

 

2) opt for amicable settlement with company 

 

3) writ petition would take 10 years to be disposed of 

Ajay Sethi
Advocate, Mumbai
98747 Answers
8036 Consultations

There is facility of getting panel lawyers from legal services authority constituted at District as well as High Court level by applying to the same. You can avail said facility by approaching Front Office in High Court and concerned persons can guide you further after checking your entitlement to the same.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

Comply only defense is jurisdiction, you should have filed another application in Mumbai LC. Jurisdiction lies where employee was posted or a city where management took decision to terminate/resignation accepted.

Yogendra Singh Rajawat
Advocate, Jaipur
23037 Answers
31 Consultations

Dear

You have to present the case in high court to get the stay vacates and present the evidences to support your case to get the gratuity at the earliest.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Initially you have done a mistake of filing this case in Goa and also subsequently you have done another mistake of not attending the high court case.

Now you are suffering due to your own mistake.

You cannot cite high advocate fee as the reason becasue you very well knew that you are recovering a huge amount, hence you should not have worried about the paltry fee paid to an advocate.

Well, you have no choice than to engage the services of an advocate  at high court Goa, and get the cae listed by filing an application before the registrar of high court.

If you dont take any steps towards this then you may not get justice even after passage of a decade from now.

 

T Kalaiselvan
Advocate, Vellore
88947 Answers
2418 Consultations

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