Clarification regarding gratuity fund and fake documents
13-Aug-2023 (In Labour & Service Law)
I want to lodge a complaint against my previous employer regarding my gratuity fund and present fake doucments against me under 420 Indian Penal Code. Where should I go first?
Dear Concern, please take note -
1. If there is any dispute in between your employer and yourself in relation to your employment, dues or statutory dues then that is a civil matter and you cannot prosecute him under criminal law. So if your payment is due, if your gratuity, PF is due then you need to send them a legal notice asking for the same. If they oblige it then good enough else you can drag them before the court for the same.
2. However if there is something which is against your reputation or there are some documents through which you have been falsely accused of something which you have never done it then you can file a criminal case against the company. But those false accusations should be such nature through which you could be thrown behind the bars. If those accusations do not make you criminally liable then a case against such accusations will again be of civil nature and not of criminal nature.
1. If there is any dispute in between your employer and yourself in relation to your employment, dues or statutory dues then that is a civil matter and you cannot prosecute him under criminal law. So if your payment is due, if your gratuity, PF is due then you need to send them a legal notice asking for the same. If they oblige it then good enough else you can drag them before the court for the same.
2. However if there is something which is against your reputation or there are some documents through which you have been falsely accused of something which you have never done it then you can file a criminal case against the company. But those false accusations should be such nature through which you could be thrown behind the bars. If those accusations do not make you criminally liable then a case against such accusations will again be of civil nature and not of criminal nature.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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