Non payment of gratuity
Goutam
(Querist) 31 August 2015
This query is : Resolved
I have already completed 7 years of service, my previous employer given a bond .in the month of Mar'15 for two year in letter head not stamp paper and I also accepted at that time but unfortunately after four months I resigned then company will not released my Gratuity Payment and also please help that without stamp paper any bond is valid or not and also attach the letter. So request pls guide & advice
Kumar Doab
(Expert) 31 August 2015
What is this establishment: Govt/Private/State/Central/PSU etc.....................
The Bond is drafted in lieu of what extra ordinary favor by the employer?
The matter posted by you is not sufficient.
Post full facts.
Goutam
(Querist) 31 August 2015
The establishment is Private Ltd.
I have joined Reliance Integrated Services Pvt ltd in 2008, in the month of Mar'15 I got special increment and in the letter mentioned that locking of 2 years you can not left which was mentioned in Letter head not any stamp paper, if you left then pay 50% of total CTC. But I have resigned 31.07.2015. Now request pls guide employer can recover from my gratuity or not.
Kumar Doab
(Expert) 31 August 2015
Payment of Gratuity Act,1972 that is statue should apply.
As the Act Gratuity can only be forfeited!
The forfeiture of Gratuity is well defined in the Payment of Gratuity Act 1972: Sec4(6)…………
Has the company decline to pay Gratuity in writing?
Have you submitted FormI under Proper acknowledgment?
Did you sign the acceptance of special increment letter?
Generically speaking increment once awarded can not be taken back!
Was this increment a result of appraisal? Has the company mentioned increment and appraisal in appointment letter, HR policy/service rules and regulations?
Is it stated in Gratuity Rules that Gratuity can be attached in case of...................?
Award of increment may not necessarily become ground for any agreement to serve for ...................years.
Does the company have its Trust to manage Gratuity?
Has the company have published its Gratuity Rules? Download such rules.
The Redg. office of the establishment is located in which state? And/or the Gratuity/PF/Salary is administered from which state?
Rajendra K Goyal
(Expert) 01 September 2015
The terms of the agreement, on which you have signed and agreed, are enforceable even if these are no on stamp paper.
Kumar Doab
(Expert) 01 September 2015
The special agreement letter may not be necessarily a ground for service agreement/Bond!
The special agreement letter and/or service agreement/Bond, may not entitle to forfeit the Gratuity!
The forfeiture of Gratuity is well defined in the Payment of Gratuity Act 1972: Sec4(6)…………
Submit FormI under proper acknowledgment.
Reply to all points, pointwise.
T. Kalaiselvan, Advocate
(Expert) 06 September 2015
The gratuity cannot be forfeited on this ground, if they are intentionally doing it so, you may proceed legally against them as suggested by experts above.
