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Ex - gratia not paid till today

(Querist) 28 May 2016 This query is : Resolved 
Dear Sir,

One of our client Joined in PUBLIC LIMITED COMPANY DEC'2012. He has not received the Ex - Gratia 20% on basic salary

Annuity Benifits : Ex-gratia (20% of Basic pay) (on financial year basis) (provided employee is on the roils of the company on the date of payment. Every year they have paid the ex gratia for the month of OCT. But they have not given the Ex - Gratia form 2012. to 2014 2 years. form 01.04.2014 onwards they have added in salary and paid on monthly basis. I have resign the job on 15.01.2015. But they have not paid the Ex gratia 01.04.2012 to 31.03.2014 (2 years) till today.

The Exgratia was the part of my CTC.

I request you to kindly guide me how can I get my ex-gratia.


Kumar Doab (Expert) 28 May 2016
From 2012-14 you were on rolls of the company hence it should have been paid.

From 01.04.14 to 31.03.15 the employer has been paying on monthly basis and hence you should have received the payment till 31.03.14...............and pendency should only be pro rated for Ja15.


Did you receive the payment till Dec14?

Probably the employer's HR/payroll is of the view that since you left on 15.01.15,were not on rolls on the day/date of payment and hence might have recovered in FnF.



However you may write, under proper acknowledgment of course, to HR head/payroll and escalate to good offices of appointing authority,MD and exhaust the internal remedies.


Thereafter as per the designation/nature of duties and service rules/conditions and enactments applicable you can approach appropriate forum.


It is promised amount and hence debt on employer.

Try to extract admission of non payment, hence admission of debt, in writing.


You may approach an able counsel specializing in labor-service matters with all docs on record.




Rajendra K Goyal (Expert) 28 May 2016
Agree with the advice from expert Kumar Doab.


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