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R C GUPTA (xxx)     22 August 2016

Denial of full amount of gratuity

I joined Desein Private Ltd., New Delhi on 30.3.1982. The Company transferred my services to its sister cocern M/S OPGCAD probably in 1986, on its own, without my consent, and then back to Desein after 3/4 years, again without my consent. This may be due to some benefits Company may be gaining. My date of birth is 10-07-1945 and have completed 60 years on 09-07-2005. Company did not relieve me and I was continuing my job as Vice President thereafter. The Company retired me on 30.6.2015 and my last salary was Basic Rs. 28500 plus Rs. 1000 DA. On this basis, my gratuity is working out to be for 33 years of service with the formula (28500+1000)x33yearsx15/26, Rs. 5,61,635.The Company has transferred to my PNB bank account, Rs. 1,32,404 as gratuity, without letting me know even the transfer of this money. I have claimed from Company the total gratuity amount and have written to the President and Executive Vice President several times, thru speedpost but they have not replied. I am asking on phone to give me an appointment to meet them, but to no avail. I also came to know that this is the very first case in the 51 years of history of Company, where full payment of gratuity is denied. 

Is there any law that a private company may deny full due payment of gratuity to an employee while paying full gratuity to other retiring employees? One Director -HRD of the Company who joined the Company in 1968, got gratuity for 37 years of service till he retired in 2014, on the basis of above formula. His calculation of gratuity (authenticated ) statement (authenticated )  is with me.

Please let me know how should I proceed to get my dues of gratuity as the employer is not responding to my requests. Which is the Authority, I should approach?

At the age of 71 years today, I do not have other means of earning to meet my both ends meet. I am a heart patient and need the said money badly.

Regards.

 



Learning

 5 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     22 August 2016

Sir, 

 

Issue them a legal notice and even they fail to clear the dues despite the same, file the suit for recovery and claim compensation for the harrasment caused. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450

Kumar Doab (FIN)     22 August 2016

Tarnsfer/deputation/secondment are part of service conditions and should not cause any break in service.

Hope you have copies of all such orders, salary slips etc...

Confirm!

The employer is under obligation to supply the 'Notice of Determination of Gratuity'. Did you get it? Did you ask for it?

 

Did you submit FormI?

If yes do you have the acknowledgment?

You can stake claim to interest @10%pa from LWD.

 

Agastya   23 August 2016

Your gratuity calculation isn't correct. Take basic without DA. So that's 28,500 x 28 = 7,98,000 It's 1 month pay for each year beyond 5 years. 33-5=28 years. Company is cheating you. Write to deputy labor commissioner. Find out which one is for your company address. Then write to the ministry of finance. Your gratuity is stored there.

Agastya   23 August 2016

Sorry it's ministry of labor not finance. Make an affidavit and post to police commissioner office asking to lodge FIR as a cheating and fraud case. And follow up with labor department. No need to pay any bribe. They are on side of wronged parties always. When you go there don't act like a big person. Act humble.

Kumar Doab (FIN)     23 August 2016

It is felt that you are referring to Payment of Gratuity Act,1972 and your calculation seems to be correct.

 


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