Gratuity recovery is not being done since 2 and half year

Sandip (Querist) 22 February 2021 This query is : Resolved
Respected Experts,

I had worked in my previous company for 7 years and left before 2 and half year, filed case and won, order passed in my favor before 2 and half year approx, and I am still waiting for recovery certificate from Labor Commissioner office, Ahmedabad (Shram Bhavan, Khanpur, Ahmedabad). Don't have any clue why they are delaying it intentionally or unintentionally since whenever I go there for followup their concerned person may be clear kept saying for further a week or 10 days or so but never proceeded. Even I had followed up with assistant labor commissioner but no luck.

Please let me know what should I do to get my gratuity without any further delay.

Thanks.

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Quick Summary

An individual who won a gratuity recovery case over two years ago is experiencing significant delays in receiving their payment from the Labour Commissioner's office in Ahmedabad. Despite multiple follow-ups and even involving the Assistant Labour Commissioner, the crucial recovery certificate has not been issued. Expert advice suggests using RTI to inquire about the delay, approaching the Grievance Cell, and potentially issuing a legal notice to the employer, while also advising against solely relying on office clerks.

kavksatyanarayana (Expert) 22 February 2021
Ask the reasons for not taking action to pay your gratuity using RTI marking a copy to the Labour Commissioner concerned.

H.M.Patnaik (Expert) 23 February 2021
Pl. approach the Grievance Cell at o/o the Labour Commissioner with a petition on the issue and expeditious redressal o your grievance.

Advocate Bhartesh goyal (Expert) 23 February 2021
Issue legal notice to employer company and demand your due gratuity payment.

Dr J C Vashista (Expert) 23 February 2021
Did you proceed through a lawyer or union or personally ?

Sandip (Querist) 24 February 2021
Yes I have proceeded with filing gratuity recovery in Shram Bhavan Ahmedabad for which assistant labor comissionar passed order for payment of gratuity and after that proceed with further proceedings i.e. form T submission and all, issued notice to Employer etc. But from the clerk office they are not issuing recovery letter to Collector which is next stage for recovery of gratuity under land and revenue act I believe.
Please assist.

P. Venu (Expert) 25 February 2021
A better course is to stop running after office clerks and take up the issue with the authority concerned.

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