Hi Everyone,
I resigned from my company in Sept 2016. As per my 11 years of service my gratuity calculation came up to 11.5 Lacs. Of course the company paid out 10 lacs as per the cap.
However recently I learned of 3 emplopyees in 2012 and 1 employee in 2015 who negotiated and claimed from the company their amounts above 10lacs as ex-gratia.
I went back to the company and asked in the spirit of fairness and the precendence they have set to pay me also the difference of 1.5 lacs as I have the same employment contract as the others. The company refused saying they paid 10 lacs as per the law.
My question is, can I use the precedence to negotiate through another forum like the labour commssion or court of law? Or will the company's stand of applying exceptions at their discretion will be defended?
