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How to enforce order on gratuity amount


10-Jun-2023 (In Recovery Law)
I REQUEST YOU SIR, I OBTAINED JUDEMENT ORDER COPY FROM MACHILIPATNAM LABOUR COURT FOR MY GRATUITY AMOUNT. THEY ARE ENDORSED TO COLLCTOR FOR RECOVERY AMOUNT THRU RR ACT. I AM WORKING IN SPHOORTI MARKETING PVT LTD ITS NATURE WORK IS MARKETED BY VAARTHA TELUGU DAILY. ALL COMPANY PROPERTIES ARE BY NAME OF AGA PUBLICATIONS. BUT HOW CAN I GET MY GRATUITY AMOUNT. THAT ALL THE PEOPLE SAYS NO PROERTIES ARE AVAILABLE IN FAVOUR OF SPHOORTI MARKETING PVT LTD PLEASE ADVICE
Answers (2)

Answer #1
717 votes
You need to obtain a final decree from the same court which passed the preliminary decree. After that you have to apply to the executing Court to execute the said decree.

No judgement debtor can refuse to abide by the terms of the decree. If the judgement debtor refuses to pay then you can apply to the executing court and request to be paid out of the properties of the judgement debtor and in the alternative that the judgement debtor arrested.

The only way to surpass a decree is to appeal against the preliminary decree in the Higher Court. A party has no right otherwise to refuse to abide by the terms of the decree. Please approach the executing Court after obtaining the final decree as explained above.
Answer #2
801 votes
For these process you need to give an application for the amendment of name in the order from the labour court.
After that your application will get amended copy of order which maybe produced for gratuity amount of yours.

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