Refusal to pay gratuity.
v ramachandran
(Querist) 22 November 2011
This query is : Resolved
I was appointed as an advsor to the Secretary of a Private College in administrative capacity in July 1998 to manage various matters conected with the Administration of the College. The Institution has more than 300 employees belonging to the Teacjing and Non teachinh cadre and I was appointed under the non teaching cadre.By virtue of my special skills as a professional I was given exemption from signing the daily attendance register and had flexible working hours... I could come whenever I wanted and leave whenever I wanted after attending to my assigned work. I was paid the monthly salary by cheque and my name appears in the non teaching category ion the colleg clander issued every year. At the time of resigning in October 2011, I had completed 13 years of contractual service. I also hold an identity card issued by the college. The college management is refusing to pay me gratuity on the grounds that I was not signing the attendance register. This was an oral understanding. There is proof of salary payment every month for the past 13 years. How strong is my case if I take the college management to court. Pl advise.
Sankaranarayanan
(Expert) 22 November 2011
IF your are the under the employee list of the institution then are eligibility for gratuity.
As per your self declaration , you are not come under the pay roll of the institution ,more over whether you got any appointment letter or not, if any thing then what clause been mentioned ,
M/s. Y-not legal services
(Expert) 22 November 2011
If you were getting salary receipt mean, just ask about your gratuity and other service benefit particulars under right to information act, if you got necessary particulars mean send a representation to your college by claiming your arrear amounts. There is no effect mean file a writ petition under service law..
Sailesh Kumar Shah
(Expert) 25 November 2011
labour court would be appropriate forum to seek remedy after refusal of representation before management.
prabhakar singh
(Expert) 26 November 2011
Mr.Shah has right guidance for you which I recommend too.
prabhakar singh
(Expert) 26 November 2011
Apply for your gratuity before controlling authority under the The Payment of Gratuity Act, 1972.
Guest
(Expert) 26 November 2011
Dear Ramachandran,
Holding of identity card has no significance, except for the security staff and members of the staff to recognize you as the part of the organisation and does not have any bearing with the admissibility of gratuity. All depends upon the terms of agreement included in your appointment order, whether you were a casual consultant/ advisor or a contractor, or a regular employee of the organisation.
Similarly, signing or non-signing of the attendance register also does not have any significance for the purpose of eligibility for gratuity.
The main proof in your case can be whether the company was drawing your remuneration as salary or the payment to contractor.
So, better give some brief description about the terms & conditions of your appointment letter, as might have been included in your appointment letter.
v ramachandran
(Querist) 26 November 2011
DEAR SRI DHINGRA,
I have been serving the Chairman of a College as an advisor from July 1998 to October 2011.
This was a new post for which salary was paid out of the managements own resources. The terms of my appointment were orally discussed and agreed upon with the monthly salary given by cheque, and my name appearing as the Chief Adminsirative officer in the annual calender which is an official record published by the college. There was no written appointment order, but the monthly salary was by cheque every month for the past 13 years. Now at the time of resigning, the Chairman of the college ,to avoid liability for gratuity has taken a stand that since I have not signed the attendance register, I am not an employee. the question that arises is that IF I HAVE NOT ATTENDED WORK, WHTY WAS MONTHLY SALARY PAID TO ME MONTH AFTER MONTH FOR 13 YEARS ? I have also executed a stamped receipt for the payment every month. please now clarify whether I can enforce my claim for gratuity in a labour court ?
