Mihir (Wealth Manager) (5293 Points)
15 February 2012A individual working with a private limited company for past 8 years, covered under gratuity act, resigned from the company last year. Final settlement amount is over Rs. 10 lacs, and the company is refusing to pay even after one year of continuous follow up.
What are the options?
How does one approach labour commissioner? Who can approach (self or an advocate)? How much does it take to recover? Any bribe payable to govt dept to get the work done?
Thanks
Kolluru Krishna Murty
(Partner)
(315 Points)
Replied 16 February 2012
According to your statement,the final settlement includes gratuity payable and this was not paid.
First make claim of gratuity to the employer as per Gratuity Act duly calculating the amount payable as per the act.While doing so please give details like last pay drawn,dateof joining,date of leaving and caculation of gratuity etc,.
Please give them reasonable time to act on your letter.
If the claim is not settled then make a complaint to the Commissioner of Labour of your jurisdiction alog with a copy of the claim you made to the employer.
If possible please also make a claim through e-mail to Central Labour Commissioner with copies of all correspondence.
Simultaneuosly send a notice to the employer through an advocate claiming the amount and giving time to respond after which you can file a case with the Civil Court of your jurisdiction.
Filing a case is the last resort and should normally get selled before that date.
kkm
Mihir
(Wealth Manager)
(5293 Points)
Replied 17 February 2012
Thanks for your reply.
You are right. The settlement amount is inclusive of gratuity.
He have sent innumerable letters to them, but with no avail. They are asking us to write off.
He approached a lawyer and arrange to send a legal notice, but it seems they (company) have change their office address as well as the name of the company. And so the legal notice could not be delivered.
He does not how to approach labour commissioner. Any prescribed form to use to file a complaint ?
He does not want to go to civil court because the court will take its own time, and meanwhile the lawyers will mint money. Probably the value of 10lacs will become 2 lacs when it comes.
Kolluru Krishna Murty
(Partner)
(315 Points)
Replied 17 February 2012
Please try to locate the new company and still your is sustainable on the new company.It should not be difficult to lacate thru ROC,Web site,friends circle etc,.
There is no prescribed form,you can write a simple letter with the help of a lawyer in registered post and with all the copies of the letters written so far.
Please try to meet the commissioner personally if possible.
kkm
Mihir
(Wealth Manager)
(5293 Points)
Replied 18 February 2012
Thanks Mr Murty, he will approach the labour commissioner with the complaint, but as someone said there are already thousands of complaints against companies failing to pay statutory payments like gratuity and PF, and there is no guarantee the company will pay in the end. I think some incentive will have to be paid in advance to the govt before creating any hope.
Sangeeta
(Company Secretary)
(46 Points)
Replied 29 August 2013
An employee of our Company has already attained the age of superannuation i.e 58 years of continuous service and is thereby eligible for receipt of gratuity by the Company. But the main problem is, even after attaining the age of superannuation, he was still working with the Company for a further period of 3 years, i.e his present age is 61+ years.
Kindly suggest upto what age is he entitled to receive gratuity from the Company i.e. upto the age of superannuation or whether he is also eligible to receive gratuity for the further period of 3 years for which he has rendered service to the Company.
Experts please help.
CAclubindia
