Non payment of ex gratia after reliving company
Rizwan Pathan
(Querist) 04 January 2019
This query is : Resolved
Dear Learned Members,
Recently I have left my previous organisation but while I was on company payroll company has declared ex gratia to its employees for Financial year 2017-2018, I worked with company for this period & while they make bonus sheet my name was there and also have circular of its disbursement to all employees including me, but after my departure company has disbursed bonus to all those employees whom has worked with company for year 2017-18 & still continue with company.
Further last year when to employees left company still company disbursed them bonus after 1 month of thier departure.
Upon, putting so this facts against HR they responded that ex gratia is description of management whom they want to give they can , employee does not have any right to claim it.
I request you all to suggest legal course of action in this regards, shall I dispute under ID act ? or leave the matter.
Your guidance on above would be highly appreciated.
Thanks & regards,
Rizwankhan Pathan
Dr J C Vashista
(Expert) 05 January 2019
What do you mean and include in "ex-gratia" payments, as per company policy ? However, bonus is not a part of said "ex-gratia" payments.
Consult a local prudent lawyer practicing service matters for better appreciation of facts, company policy, guidance and proceeding. .
Adv Shailendra Deshpande
(Expert) 05 January 2019
Payment of Ex-gratia is discretion of the management. It can't be dragged under ID Act. You can only ask for Bonus under Payment of Bonus Act. You need to check terms and condition of appointment letter and subsequent letters.
krishna mohan
(Expert) 07 January 2019
Your offer did indicate exgratia payment even after relief, you can make a claim by representation (or) legal notice. Quantum of money to be received may help you to decide to take legal action.
