You should be eligible for the payment of Gratuity as well.
Submit FormI by redg. post and obtain POD from PO.
Apparently your employer has not calculated Gratuity and supplied a notice to you with a copy to Controlling Authority of Gratuity as per
Payment of Gratuity Act 1972: Sec7: Determination of Amount of Gratuity
There are threads to indicate employees have been contemplating to lodge criminal complaint under sec 406/420………………………..and approach employers as Creditors treating the employer as Debtor and unpaid wages as debt on employer…………….
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UNRXofLZ1JI
Your lawyer may ask set of structured questions and can opine that employee would be covered as ‘Workman’ as in ID Act and as ‘Employee’ as in Shops and Commercial Establishments Act or not and which would be appropriate forum to agitate……………….
You may submit a final NOTICE ( drafted and structured by your lawyer) to Good offices of appointing authority, MD, CEO, Chairman, Company Secretary, by letter thru redg. post highlighting your good conduct achievements and narrating all representations made by you so far by phone, emails, in person (mention dates, phone numbers, names/designation/dept of company’s officials,………….) and conclude that company has breached the contract and raise the demands…………………and demand reply and payments by bank DD within say……………………next 7 days by redg. post.
If good offices do not provide relief employee may issue legal notice by your lawyer and legal notice from your lawyer may drill sense into the heads.
Trade Union Leaders
O/o Labor Commissioner: labor Inspector………..
Inspector Under Uttar Pradesh Shops and Commercial Establishments Act ( One of the jobs of Inspector should be that in dispensing with the services of an employee the provision of the Act and Rules have been complied with and no dues payable under the Act or Rules have been withheld)
Inspector under Payment of Wages Act (applicable to all employees drawing wages as per def. of wages as in the Act up to Rs. 180000/pm)
Civil Court
It shall be appropriate to show all docs including but not limited to job advertisement, interview call letter, selection letter, offer letter, appointment letter, standing orders applicable to the establishment, communication for deployment to Belgium, CTC sheet/Wage list for deployment, leave policy, notice of resignation and its acceptance, FNF sheet, any service agreement etc to your lawyer and let all representation be drafted by your lawyer. The lawyer that has seen all of your docs can advice you the best.
