Gratuity not paid


Hi 

I am Sandeep Varma from pine (currently working in Delhi )

I was employed by an educational institute in Pune as Asst. Prof from Feb2011 to Nov2016,

And have not received my Gratuity, I have been following it up for a very long time, but no response from the Dean or the Director.

Please guide me  

 

 

 
Reply   
 

you'll have to serve a legal notice to your ex employer to do the needful, if he fails to adhere within 15 days, you can proceed against him in the court of law.
 
Reply   
 



Thank you for your guidance

If file a grievance on Maharashtra Gov. Website (aaplesarkar.in) will that work…?

Or should I directly send them a notice as you suggested.

Also i have a mail trail of continues reminders from my end...without a reply from their side.

 
Reply   
 

You'll have to serve a legal notice first. Then, adter the cool off period, you can file a complaint in labour court. For any other queries feel free to contact me at isidjain1@gmail.com
 
Reply   
 
FIN

What is this establishment; private, govt?

Which gratuity rules apply?

Do you have copy of PF, Gratuity Rules applicable to establishment?

If yes; post link or attach.. Erase all names etc to maintain confidentiality.

What is your designation/nature of duties e.g; you are teaching, Non teaching staff? ( Mere Asst Proff does convey exact details)

The establishment works for; 6 days/week or less than 6 days/week?

Did you submit formal request in writing under proper acknowledgment to pay Gratuity?

Do you have irrefutable record of employer-employee relationship? (Refer to some docs in subsequent posts)

Confirm!

 
Reply   
 
FIN

 

Assuming that Payment of Gratuity Act is applicable to such establishment in which you are working

GO thru:

Payment of Gratuity Act, 1972;1,2A

https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf

 

and check if your establishment is covered and you are eligible..

You may also go thru simple to understand: THE PAYMENT OF GRATUITY (CENTRAL) RULES,

1972 https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

 

and simple to understand Rules by your state

e.g; The Payment of Gratuity (Maharashtra) Rules, 1972

http://www.esipf.com/labour-law/the%20gratuity%20act.pdf

 

If you are a teacher and Act applies to establishment , you should be eligible;

GO thru details at; Discussion > Labour & Service Law > Gratuity > Is the private school teachers

applicable for gratuity ?

http://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp

 

 

 
Reply   
 
FIN

 

 

If Act applies and condition in Sec;1 is satisfied you should be eligible..

Perspectives;

Employer can pay Gratuity on LWD with FnF.. Employee can submit letter to pay Gratuity 30days before LWD.. Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………

 

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied… If employer does not pay within 30days from LWD IT has to tender interest @10%pa… Rest post Gratuity Rules..

You can very well post at the said website posted by you and also take help of united Teachers forum..officials in State Education Directorate/Univ...

If nothing works then you may have to approach Controlling Authority of Gratuity (and may not the court) and submit FormI (legal  notice may not be required)........... 

 
Reply   
 
FIN

Before ; Controlling Authority of Gratuity (at last location where you were located or jurisdictional) you can represent in person or thru ‘Authorized Representative’ ( as provided for in the Act) ……………..

You can chose such representative from seasoned family members, well wishers, employee’s/trade union leaders…………………or a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …

 

 
Reply   
 

thank you soon much Mr. Doab.
I really appreciate your efforts and kindness for such detailed information, on the subject.
I shall get back to you with some more information on the subject.
if I can send you personal msg, as I am not very comfortable with using the employers name on a public domain.
this is not good for the reputation, as it is very famous in Maharashtra
 
Reply   
 
FIN

Names etc …are not required.

As already posted you may erase the names etc before you attach………

Still if you wish you may send a PM.

The link being provided to you has details of united forums that have succeeded and even the counsels ..

Post Gratuity Rules of establishment…

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

  Search Forum








×

Menu

Post a Suggestion for LCI Team
Post a Legal Query
CrPC Course!     |    x