Company denied to pay gratuity

Sanjeev (Querist) 30 May 2014 This query is : Resolved
Hello Experts,

My previous company owner is not in mood to pay Gratuity amount as per HR. Also after lots of follow up through Call and mails, HR told me that I do not know about this. So please let me know the options, What needs to do now.

Serving years in company: 6 Years +
Company Name: Zenith Infotech

Waiting for your valuable reply:

Kind Regards:
Sanjeev
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Advocate M.Bhadra (Expert) 30 May 2014
Pvt or public company working 10 or more employees has to pay gratuity to it's employees on retire or resigned from company provided they complete a continuous service of 5 years ( one year service in case of death).

Since you have completed 5 years of service you can apply for the payment of gratuity in Form I to your employer under the Payment of Gratuity Act.If your company would not pay the gratuity you can knock the doors of the Labour Department in your State. The concerned Asst. Commissioner of Labour is the controlling Authority under the Act.You can file a case in Labour Tribunal.

Sanjeev (Querist) 30 May 2014
Hello Expert,

Form I should be typed on a affidavit or need to type on a blank paper ?

Is there any Advocate to consult this or make this form ready ?

Thank you in advanced.

Kind Regards:
Sanjeev

Kumar Doab (Expert) 30 May 2014
You can download FormI from following thread:
http://www.lawyersclubindia.com/forum/Gratuity-elligibility-103029.asp#.U4iMQ0eBmXU

It can be on plain paper. Submit by redg. post addressed to appointing authority/ MD
And obtain POD and certified copy of run sheet of postman from PO.
Retain bills of all calls made by you.
Record all calls (audio) and meetings (audio/visual).
You may submit a follow up (even if by email, but preferably by redg. post) and narrate all representations made so far (mention dates, names , brief minutes of discussion………………………….) and conclude despite so many representations the notice of determination of Gratuity , payment of Gratuity has not been supplied to you and same may be supplied by redg. post only and that you are wiling to supply the postage prepaid self addressed envelope for sending redg. post to you/OR that postage prepaid self addressed envelope is attached for sending redg. post to you.

If you have it on record that establishment (HR or employer) has declined to pay the Gratuity then you may quot so and of course keep the record safely.

Sankaranarayanan (Expert) 30 May 2014
you can send the notice to the concern company regarding the query. If they not turn then file case before the Labour court