gratuity
SAMSON
(Querist) 13 August 2014
This query is : Resolved
Sir, I served for 13 years in a trust. I resigned in December 2013 as per the procedure. I received the letter of acceptance of resignation, releiving order, no dues certificate and experience certificate. Further I received a letter stating that the gratuity will be given by RTGS or cheque within a month of my releiving. Now 8 months over no response. I have sent few reminders too. After this I have sent a legal notice. Till no response. Kindly guide me further.
Kumar Doab
(Expert) 13 August 2014
You are eligible to get interest on delayed period@10%p.a.
Check if you provided correct details for RTGS.
You can approach controlling authority for gratuity.
Rajendra K Goyal
(Expert) 13 August 2014
If no response from trust in response to your claim of Gratuity, approach designated officer.
Vikas Kr. Sinha
(Expert) 13 August 2014
Dear Mr. Samson,
You are eligible for gratuity. You should have sent an application in writing in the prescribed manner (Form-I) within stipulated time (30 days from the date the gratuity became payable) in accordance with section 7 read with rule 7 of the Gratuity Act & Rules. Thereafter it was the employer’s duty to send you a notice in the prescribed manner as provided in rule 8. However, non submission of application will not disentitle you.
You can still file an application before the Controlling Authority of the Area in accordance with rule 10 in Form-N seeking direction of the Controlling Authority within a period of NINETY DAYS. Since the limitation period has already been expired you have to file a separate application for condonation delay showing sufficient cause for delay in making application before the Authority.
Kumar Doab
(Expert) 16 August 2014
You may take a stand that the company on its own stated (by Mr/Ms...............designation..............on dated.........) that payment of Gratuity shall be transferred thru RTGS and obtained
Bank a/c IFSC code details etc..............and narrate all representations made so far by phone, emails, letters, in person etc.............
If the need be to condone the delay you may rely upon Landmark Punjab and Haryana High court judgement:
Senior Superintendent of Post Offices. Hoshiarpur Division, Hoshiarpur
……PETTIONER
Versus
Shri Avtar Singh and others
……RESPONDENTS
http://ruralpostalemployees.blogspot.in/2009/08/landmark-judgment-of-honble-high-court.html
Kumar Doab
(Expert) 17 August 2014
Query repeated at:
http://www.lawyersclubindia.com/experts/Gratuity-491196.asp
SAMSON
(Querist) 25 August 2014
Sir, Can a trust trouble or make claims on an employee after relieving and accepting the resignation along with the issue of no due certificate and satisfactorily handing over the charge.
Kumar Doab
(Expert) 25 August 2014
Why don't you post full facts and information in first post itself of one thread!
You have yourself posted that relieving letter has been issued. Relieving letter is issued after all settlements by employee and signifies that nothing is pending at the end of employee.
Gratuity can be forfeited only in certain/peculiar conditions and that too after issuance of notice, enquiry, and speaking order......................
Why don't you consult in person an able Labor Consultant/Service Lawyer with full facts/docs on record, pay the fee and understand the merits in yours and company's contentions and remedies if there is an issue.................bothering you.
SAMSON
(Querist) 25 August 2014
Thank you sir. I will do that. Yes, I have received all the documents regarding releiving clearly.
Kumar Doab
(Expert) 25 August 2014
NO Dues Certificate, Satisfactory handover of charge, Relieving letter has been issued.
Now company has nothing else to demand from employee.
Your Labor Consultant/lawyer may opine that you can pursue many options and remedies e.g;
Inspector under (Name of your state) Shops and Commercial Establishments Act............if the establishment is covered by it or the lawful authority as per enactments applicable to establishment.
Inspector under Payment of Wages Act
Controlling Authority of Gratuity
Complaint u/s 406, 420
Winding Up petition
Civil court etc...............
SAMSON
(Querist) 25 August 2014
Thank so much sir for your expert opinion. I had passed through a very tough time in the past. The prompt guidance is so helpful. Thank you.
SAMSON
(Querist) 25 August 2014
Thank so much sir for your expert opinion. I had passed through a very tough time in the past. The prompt guidance is so helpful. Thank you.
SAMSON
(Querist) 25 August 2014
Thank so much sir for your expert opinion. I had passed through a very tough time in the past. The prompt guidance is so helpful. Thank you.
SAMSON
(Querist) 30 August 2014
Sir, today I received the reply for the legal notice claiming gratuity. They have said that I have to give them a large amount for them due to misappropriation of funds. They have stated they came to know after issuing the no dues certificate, acceptance and releiving order. so they have informed that they are revoking the certificate. Further they have asked me to write how much I owe to them within 2 weeks. Please guide me further.
