KAYDE KANUN

कायदे कानून

BEFORE THE CONTROLLING AUTHORITY, THE PAYMENT OF GRATUITY ACT, 1972, CIRCLE –VI, GURUGRAM

*****

xxxxxxx

………Applicant/Employee

Versus

xxxxxxxxxxxxx

………Respondent/Employer

APPLICATION FOR PAYMENT OF GRATUITY

UNDER THE PAYMENT OF GRATUITY ACT, 1972

Respected Sir,

The applicant submits as under:

  1. That the applicant was engaged by the respondent as a Technical Manager.According to the Appointment Letter, the Applicant joined the services of the respondent on dated 1st June, 2012. The Copy Appointment Letter Dated 1st June, 2012 & Copy Experience Letter is annexed hereinafter with the application as Annexure P-1 to P-2.
  2. That the applicant was appointed to work at the place addressed as xxxxxxxx.
  3. That as per the terms and conditions of the Joining Letter, the respondent has promised the Applicant to pay Rs. 25,000/- (Rs. Twenty Five Thousand Only) per month as Total Cost to Company with other facilities.
  4. That as per the terms and conditions of the joining Letter, the Applicant was on Probation for a period of Six Months.
  5. That the Applicant also got increment in the salary due to his honest, hard work and regular work records. The last drawn payment of the Applicant was Rs. Rs. 25,000/-. The last drawn Basic Salary of the applicant was Rs. 36, 300/-. The Copies Salary Slip of April 2017, May 2017, June 2017, July 2017, August 2017, September 2017, October 2017 and November 2017 are annexed hereinafter with the application as Annexure P-3 to Annexure P-10 respectively.
  6. That the complainant resigned from the service of the company and the last day of working was 20th December, 2017.
  7. That the applicant has worked for Five Years, Six Months and Nineteen Days (From 1st June, 2012 to 20 December, 2017). Hence, complainant is also eligible for getting Gratuity from the respondent.
  8. That the respondent has violated the provision of payment of gratuity Act, for which the respondent is also liable to pay interest @ 18% p.a. on the gratuity amount.
  9. That respondent has violated the provision of Gratuity Act and the respondent is working as per its own whim and wishes as well as the respondent has delayed and withholds the gratuity amount of applicant without any lawful reason, without giving any show cause notice and opportunity of being heard.
  10. That non-payment of gratuity amount to the applicant is arbitrary, illegal, malafide, discriminatory and in utter violation of the constitutional rights of the applicant/employee.
  11. That due to such an arbitrary, illegal, unjust and malafide action on the part of the respondent, the applicant has suffered immeasurable mental agonies, financial hardships, and physical harassment which deserves to be compensated in tern of money to the applicant.
  12. That no other petition is pending or decided between the parties on the same cause of action by any competent court of law.
  13. That this Hon’ble Authority has got jurisdiction to entertain and try the present petition as the respondent’s office is situated at Gurugram.

It is, therefore, prayed that the Controlling Authority may be pleased to determine the amount of gratuity payable to the applicant and direct the above-mentioned respondent/employer to pay the same to the applicant along with interest @ 18% p.a till the date of realization.

Any other relief which this Hon’ble Authority deems fit and proper may also be awarded in favour of applicant/ employee and against the respondent/ employer.

Place: Gurugram

Dated:…../…../2021 

Applicant

Through: Mr. Jaswant Katariya

Authorized Representatives, District Court, Gurugram

 

VERIFICATION:

It is verified that the contents of above application/petition are true and correct to the best of my knowledge and nothing has been concealed therein. 

Place: Gurugram

Dated:…../…../2021 

Applicant/Employee

 

 

BEFORE THE CONTROLLING AUTHORITY, THE PAYMENT OF GRATUITY ACT, 1972, CIRCLE –VI, GURUGRAM

xxxxxxx

Versus

xxxxxxxx

APPLICATION FOR PAYMENT OF GRATUITY

UNDER THE PAYMENT OF GRATUITY ACT, 1972

AFFIDAVIT

I, xxxxxxxx, R/o xxxxxxxx, the above named deponent do hereby solemnly affirm and declare as under:

  1. That the application for payment of gratuity and the contents thereof are correct.
  2. That nothing material has been concealed by me in the application and the contents of the same be read as part of my affidavit.

Deponent

VERIFICATION:

It is verified that the contents of my above affidavit are true and correct to the best of my knowledge and belief.

Verified at Gurugram on dated………

Deponent