Naim (Clerk) 18 December 2015

What to do now?

Dear Legal Experst.

Its being 6 month i resigned and got relieved from Private medical college from the post of Professor after having more than 9 years of service.

At the time of my releaving i applied for Gratuity.

After 4 months i gave reminder for my release of Gratuity.

Now its more than 6 months, i did not received any communication from Dean nor from HR.

In telephonic conversation HR says file is in Head Office under process. No further information.

What should i do?

Now i am working in other state. what shuld be my approach on Legal terms?

Am i eligible for Gratuity?

Experts please show me way....

Regards

Naim

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6 Replies

Adv. Yogen Kakade (+ 91 9225510883) 18 December 2015

Send the institute a legal notice and ask for the justification and mention to take immidiate action or face the legal consequences.

Kumar Doab (FIN) 18 December 2015

Did you submit FormI?

Do you have acknowledgment in any form?

Has the employer replied in writing that it is under process in HO?

Has the employer supplied 'Notice of Determination of Gratuity'?

Naim (Clerk) 18 December 2015

Dear Kumar Doab Sir,

1. Yes i had submitted FormI

2. Yes I had a acknowledgement of Dean Office on O/C of my application.

3. No Employer had not replied in writing that the application is under process. It was just a telephonic conversation where HR Informed me that its under process at Head Office.

4. No Emplyer had not supplied Notice of Determination of Gratuity.

Please respond sir, what to do now.

Regards

Niam

Kumar Doab (FIN) 18 December 2015

You may submit a gentle communication addressed to HR personnel with a copy to appointing authority,Chairman etc narrating all previous representations................(dated/names etc) and that Mr/Ms................HR has informed during your phone call (from phone number/dated/time at phone number..../dated/time ) that FormI /datedsubmitted by you on dated............(attched scanned copy) and payment of Gratuity is under process at Head Office at.......................however Notice of Determination of Gratuity, and Payment of Gratuity is not supplied to you and is delayed.

You are eligible for interest @10%pa on delayed period.

Build some ground so that you can cite deficiency in service and if required approach DCDRF as well and succeed.

Naim (Clerk) 18 December 2015

Dear Kumar Doab Sir,

Thank You very much,

You mean to say that i should make another reminder stating all the facts in chronology and highlight that Determination of gratuity and payment of gratuity is not supplied to me and it is delayed so employer must pay 10% interest pa on this delayed period.

Am i right in interpretation of yours?

What does this DCDRF stand for and how to approach plz clarify.

Regards

Naim

Kumar Doab (FIN) 21 December 2015

Submit a gentle representation in your own language as deemed fit to you at your end so as to bring out that the payment is delayed.

There is provision of interest in the Act, and it has to be paid.

DCDRF is consumer Forum.

For further deliberations discuss in person with an able counsel specializing in labor-service matters.Your counsel can help you draft suitable representations.