Gratuity claim
Ravindra Singh
(Querist) 14 May 2013
This query is : Resolved
Hi,
I joined an export co. on 15th Jan.2000 and left the job on 22nd Feb. 2013 after service of 13 years and one month.
Co. paid me salary for the month of Feb., and notice salary.
I sent a request of gratuity disbursement and after reminders I was sent a cheque without giving the proper calculation details.
Again after reminders for the calculation I have not received any satisfactory reply so far.
I sent a letter with the calculation of right amount to be paid to me and requested for balance amount payment. I received a reply that whatever they have calculated is right and again they have not given any calculation.
The formula I used for the gratuity calculation is as under-
Last basic salary drawn x 15 x no. of years served
26
Earlier given cheque I have already deposited in my account. Can I go to court for the recovery of the balance amount? What will be the procedure?
Kindly advise.
Ravindra Singh
Kumar Doab
(Expert) 14 May 2013
(((Basic+D.A.)*15)/26)*No. of years of service.
You may stress for VDA also if applicable.
It is average 15 days wages ( Basic + DA) per year of service. Here Basic+DA is as per last drawn. Demand the detail of the payment made by them and how they have calculated to be supplied to you in writing by redg. post. If LIC is managing the gratuity fund demand the certificate of payment issued by LIC for payment from your a/c. You can also find out from P&S Div. of LIC. Address your representation addressed to appointing authority, MD, with a copy to Controlling Authority of Gratuity which may be DLC in o/o Labor commissioner at your location. You have to agitate before DLC. You can meet meet DLC in person. If less payment is made to you, company shall have to tender balance + interest which may be @ 10%.
Valuable advice of learned experts is sought.
Raj Kumar Makkad
(Expert) 14 May 2013
As the calculation chart from the employer is not available so nothing can be confronted so better to file a civil suit or labour complaint if you do come within the definition of workman for the gratuity and do admit payment of already provided amount.
KUMAR JAGADEESAN
(Expert) 15 May 2013
I agree with Mr.Doab. You can apply to the designated labour office in your State in Form N and get the redressal of your grivance at the first instance.
The wage limit for considering a person as an employee is no longer in the Act
All the best
