Gratuity payment denied
Pankaj Singh
(Querist) 29 February 2012
This query is : Resolved
Sir I worked in Nashik based company for 5 years and 1 month , I was posted at their Delhi office , in 5 years I got promoted to a level of national sales manager from area sales manager , I left this company in the year 2006 , in starting I was struggling for better jobs and stable future , and whenever I tried to contact them for gratuity they just fooled me , it's been six years now and according to my recent followups with their account head who sits in Delhi that the owner of this company has no mood of paying my gratuity..sir I need my gratuity with interest ..please guide me..the company name is Autocop India pvt ltd
Kirti Kar Tripathi
(Expert) 29 February 2012
The gratuity is the statutorily of right of an employee, which he is entitled after termination of his services. An employer can not deny. In case, you have demanded the same in writing and on demand, employer either refused or did not pay, you can file claim before the Controlling Authority under the Payment of Gratuity Act within the area, your employer's establishment is situated or where you were working at the time of termination.
Kirti Kar Tripathi
(Expert) 29 February 2012
The gratuity is the statutorily of right of an employee, which he is entitled after termination of his services. An employer can not deny. In case, you have demanded the same in writing and on demand, employer either refused or did not pay, you can file claim before the Controlling Authority under the Payment of Gratuity Act within the area, your employer's establishment is situated or where you were working at the time of termination.
Raj Kumar Makkad
(Expert) 29 February 2012
Cause of action is recurring until the gratuity is paid by your previous employer so serve a legal notice followed by a civil suit from your side.
Kirti Kar Tripathi
(Expert) 29 February 2012
Gratuity can not be denied on the ground of delay. The civil suit will not lie.The remedy available to him under Payment of Gratuity Act.
Pankaj Singh
(Querist) 29 February 2012
Thanks all of you for valuable replies , I do not know how to start this , should I start communicating in writing now , they had office in Naraina indl area where I used to work , now they have shifted to pit ampura . Can anyone meet me , as their are others also who served more then 5 years and gratuity is denied to all of them , we can spend a good % of our claims , we are all in touch , but just what we need a right guidance ... Can anyone help as we all are in Delhi
Sankaranarayanan
(Expert) 29 February 2012
Send legal notice. Don't delay do fast
Guest
(Expert) 29 February 2012
Dear Pankaj Singh,
I wonder, asking for "can anyone meet me" through your latest post, you expect that various experts should meet you at your place to serve your cause without hiring services of any one of them and without letting them see the related documents. If you desire personal service from any of the experts, you will have to visit him personally along with full details. You can se the profiles of the experts and can contact him directly, if you feel any one can serve your cause.
Pankaj Singh
(Querist) 29 February 2012
Dear experts , I am so thankful to you all..sir by saying anyone can help me shows that I do not know anything related to this and seeking help , somebody has to guide me the further steps , I am carrying my resignation letter , few salary slips only .. I have taken out my p.f. In the year 2006/7.
Amount of roughly one lac plus has already been confirmed by companies accountant on gratuity part , but he is unable to help further
What I need is advise step wise ,
Regards
Raj Kumar Makkad
(Expert) 29 February 2012
Pankaj! If you do understand despite of the advices of the top most experts, nothing can be done for you.
prabhakar singh
(Expert) 29 February 2012
It is simple.Serve your company with a demand and when they do not respond move to labor court to make demand by moving complaint application before controlling authority for realization of Gratuity amount. .
Pankaj Singh
(Querist) 01 March 2012
Dear Prabhakar Sir
Sir we will serve the demand in writing through speed posts..should we send it to both Delhi and Nashik ? Now if they don't answer or for example they don't receive the letter ..then what ?
I tried and went to a labour court office once , and I found it in such a sorry state...I mean whom to talk their ? Whom to meet ? It is so confusing and looks like that no one is gonna help you there..
But still sir your advise is of a great help..
Thanks
