Denying of Performance Incentives on resignation

Querist :
Anonymous
(Querist) 23 February 2010
This query is : Resolved
Hi, I'm working for an Listed IT Company. My CTC has a about 5% of Performance Incentive payable every quarter based on company results. I have received Apr09-Jun09 & Jul09-Sep09 quarter incentive. I resigned on Feb 11, 2010 and currently serving notice period. Mar 12, 2010 will be my last date with the company. Oct09-Dec09 incentive payout is due in Feb 2010 salary. Since i have resigned, Employer is denying me the incentive stating that, incentive is only for employees who continue working with them. Incentive is part of my salary and this is being denied. Can this is legally challenged. Kindly advice.
B K Raghavendra Rao
(Expert) 23 February 2010
If you fall under the category of 'workman' you may raise dispute under Industrial Disputes Act and if you are not a workman, you may file a money recovery suit. Would you do so,when the cost of pursuing the case far exceeds your due and case drags on for several years to see the light?

Querist :
Anonymous
(Querist) 23 February 2010
Dear Raghavendra,
Thanks for your response on denying performance incentives. If the company denies my hard earned money. What other way is there? Should i forgo 20000? Will the court not order to recover the expenditure of case as well?