Non-payment of full & final dues on retirement

RAMESH CHAND GUPTA (Querist) 04 August 2016 This query is : Resolved
I got retirement from Desein Private Limited after servicing the Company for more than 33 years, at the age of 70 years, on a senior position as 'Vice President' in June 2015. Company has transferred my services in the past, to sister concern "M/S OPG" probably in 1999 and again back to Desein, probably in 2001, without taking my consent, for Company's benefit, probably on taxation. The original Desein appointment letter served in 1982, does not have clause of any transfer. It has a clause of gratuity on retirement. The Company is not paying me full gratuity, treating transfers at new appointment. I could learn that if a Company transfers the service of an employee to its sister Company, all previously earned benefits in transferor Company, are also transferred to transferee company and there is no break of service. I could know that this has happened at the time of transfer in this case also.
It may also be known that Director - HR is an under-matric and has no knowledge of law at all. He is manipulating rules to his benefit, to probably drawing highest salary in the Company and retail his job. I have sent many letters to the President and Executive Vice President of Desein, but to no effect. They are not even responding to my phone calls. They are avoiding any contact with me to respond to my legitimate claims, submitted in writing, since July 2015.
Please guide me what are options available to me to recover my legitimate dues.

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dr g balakrishnan (Expert) 04 August 2016
you issue a legal Notice to the M.D of Dessein. If no reply received, you can file a Writ under Art 226 r/w Art14 r/w payment of gratuity Act relevant at the time of your transfer to the new company.

Before that you can move a appeal to the MD of the company; besides you can write to the Labour commissioner, under payment of gratuities Act, and state your case fully to im and state that you are a senior citizen.

He will try to conciliate the matter, if failed , then he will file failure report under industrial disputes Act u/s 10 to the relevant state government, and it has to do its duty under Art 51A r/w relevant payment of gratuity Act, as gratuity is a claim for all kinds of employees right fron labor on to any level.

I think company would pay, if it fails the company's name would get smeared in public eye; i don't think the company afford such a risk as no new employee would think before joining this great company.

Kumar Doab (Expert) 04 August 2016
Hope you did not resign in the interim while on deputation or being transferred whatever it is.

Deputation or transfer is part of service conditions.

Stake your claim and submit FormI under proper acknowledgment.