Regarding non-payment of gratuity
Lalita N Bhatt
(Querist) 14 April 2012
This query is : Open
Hi All,
I stay at ambernath and have been working with a Pvt Ltd co. in Andheri since May 2005.
I was on maternity leave till 31st Dec 2011 (3 mnths). I was blessed with a baby girl on 17th Nov 2011.
I had sent hard copy as well as soft copy of my resignation to the company on 19th Dec 2011, stating to consider one month's notice period and that I would not be able to join back- since my baby was too young to leave alone .My Director - waived off my notice period considering my situation to stay back with my child.
After a month, I got an opportunity from one of the other co. in Pune to work from home and accepted it.
I am eligible for gratuity from the earlier co.- the co. had prepared the gratuity cheque on 7th Feb 2011, but i was not in Mumbai that time. When I came back- they came to knew that I am working for another compnay and they are not ready to give me the cheque now. They are now asking me to pay them a penalty of 1 month salary ( i.e Gross salary- 31000/-) in lieu of 1 month notice period and then they would release my gratuity.
My questions are:
1. Is there any rule in Indian Labour Law that one cannot work with the competitors till 6th months, after leaving the company.
2. Is the company in breach of Law for not paying me the gratuity within 30days of submission of Form I.
3. Can I proceed to take a legal action against the co.- if yes, then pls help me how to proceed?
4. Please advice the rule for paying 1 month salary in lieu of notice period- is it the gross salary or the basic salary?
Regards,
Lalita Bhatt
