It is felt that since you were sent abroad on assignment and you resigned company is trying to find its ways and means to punish/harass/cause delays. However in case of gratuity it may not succeed.
The state of Karnataka has ended the exemptions granted to IT/ITES companies from Industrial Employment Standing Orders Act, and some clauses of other Labor laws, w.e.f. 01/04/2012.If your company has not framed its standing orders and got these certified from Certifying Officer in o/o Labor Commissioner, Model Standing Orders shall apply. You can obtain these from State Dept. Labor website. If your company/your last location were in Karnataka you may rake up with company to provide standing orders.
If not you may check the status of exemption for your state.
You may find the info at various links on policies of various employers given below, and attachment useful.
After you have made your self clear you may finalize your strategy and submit FormI to both appointing authority and controlling authority of gratuity, under proper acknowledgment.
Delhi High Court
Prem Sagar Sharma vs Central Warehousing Corporation on 5 May, 1998
“Since the Foreign Service rendered by the petitioner was counted for the purpose of his earning increments in the time scale applicable to the post in the Corporation which the petitioner was holding before the transfer on Foreign Service there is no reasonable basis for denying the same benefit to the petitioner while allowing him to go on voluntary retirement by making ex gratia payment even for the said period.”
Indian social security
For cross-border assignments
“Social security agreements”: UK does not feature in List of countries with which agreement is operational. However you may check at your end. As per a news publication in Indian Express:
"In a communication sent to Indian High Commissioner to UK Nalin Surie last month, the British government has said after due deliberations within the British Cabinet, a decision has been taken not to go ahead with the Social Security Agreement with India.
Such an agreement with the UK could protect the interests of Indian professionals working there by securing exemption from social security contribution in case of short-term contracts (provided the worker is covered under the Indian social security system and continues to pay his contribution to the Indian system during the period of contract). The agreement could also help in exportability of benefits in case of relocation to India or any other country after having made social security contribution during a longer-term employment."
If your company has issued PF number to you while in India, you may check whether PF contributions were deposited in you’re a/c while you were in UK.PF dept. has made the system online or you may peruse RTI route.
ALL INDIA SERVICES (DEATH-CUM-RETIREMENT BENEFITS) RULES, 1958
8. Qualifying service.
8(7) Foreign service rendered by a member of the Service shall count as qualifying service provided that contributions towards the cost of retirement benefits of the member of the Service, at such rates as the Central Government may prescribe from time to time have been paid either by the foreign employer, or, failing that, by the member of the Service himself, in respect of the entire period of foreign service, unless the payment of contributions have been waived by Government.
1011. Contribution during deputation or foreign service. --When the services of a railway servant are lent to another Department/Ministry of Government or a State Government or to a foreign employer, a contribution towards Government contribution to provident fund and gratuity at the rate specified in paragraph 1255 of the Indian Railway General Code, Vol. I shall be levied during the period of loan, from the Department/Ministry of Government or the State Government or the foreign employer of the railway servant concerned as may be settled in each case.
Note. In cases where, instead of contribution for leave salary, the incidence of leave salary is regulated by rule 829 of the Indian Railway Financial Code, Vol. I, the gratuity contribution shall be levied at 1/24th of the total of the pay in foreign service plus contribution that would have been otherwise payable on account of leave salary.
Section 3. Service Qualifying for Penson
Following periods qualify for pension:-
ix. Period spent on foreign service/assignment in or outside India if contributions towards pension are paid to the College by the foreign employer or the employee himself.
You need to drill sense into the heads.
Kindly update the status in this thread.It shall help many of the fellow colleagues,countrymen.