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Legal action regarding to win the labour court case
10-Aug-2023 (In Labour & Service Law)
I have been an Indian based employee of the Foreign Mission,Chanakya Puri, New Delhi where I have worked for continuously 38 years in all sections including 3-times as Secretary to the Ambassador. I am a senior citizen, retired from service. All the papers pertaining to my appointment are made by them in Arabic and kept in my Personal File in their custody. However, I have in my possession letters from three Ambassadors as a proof of my work performance and employment. I have in my file bunch of correspondence exchanged with the Protocol Division of Ministry of External Affairs since 19-6-2017 regarding non-settlement of my Gratuity as per the prevalent Indian rules & regulations based on the old age retirement, with no result so far. I am seeking your kind opinion and legal assistance to fight and win my case in the Labour Court and wonder if it will be possible for you to do so with complete details of the relevant Court, the approx. time involved and procedure to be foll
Gratuity is not a subject of employment rather of a tenure and whether the institution eligible to be registered under gratuity act or not.
In India (including jammu and Kashmir) if any organization is having more than ten employees in a year then it has to get itself registered under gratuity act.
Over to this the said employee should have worked in that organization for more than 05 continuous running years to be eligible for gratuity.
While I don't see any problem in your employment tenure period but if your institution is not registered under gratuity act then approaching the court would be a futile effort.
If your salary slip indicates the deduction made under gratuity slab then we may pursue this case bringing some justice for you at the end of the day.
In India (including jammu and Kashmir) if any organization is having more than ten employees in a year then it has to get itself registered under gratuity act.
Over to this the said employee should have worked in that organization for more than 05 continuous running years to be eligible for gratuity.
While I don't see any problem in your employment tenure period but if your institution is not registered under gratuity act then approaching the court would be a futile effort.
If your salary slip indicates the deduction made under gratuity slab then we may pursue this case bringing some justice for you at the end of the day.
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Adv. Pulkit Prakash
Delhi | 400+ Answers
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Before initiating any legal proceeding it would be great to sent them a Legal Notice through an Advocate. Copy to Labour Commissioner.
Time to exust the legal proceeding according to the facts. CAT can also be the relevant jurisdiction.
Time to exust the legal proceeding according to the facts. CAT can also be the relevant jurisdiction.
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Adv. Naveen Kumar Shelar
Delhi | 100+ Answers
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Hi, I will be glad to help you. We have options to approach Labour Court or Delhi High Court. Permission of Indian government is necessary for initiating any legal proceedings against embassy of any country.
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Adv. Akash Vajpai
Delhi | 100+ Answers
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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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