It is felt that you are clear on provision of the enactments and eligibility.
You may go thru:
Payment of Gratuity Act 1972: Sec:1 (b) (c), 4A
The Payment of Gratuity (Maharashtra) Rules, 1972:APPLICABILITY, (5)
There is no wage ceiling for the Payment of Gratuity.
You may submit a representation to the good offices of Appointing Authority, MD, Chairman with a copy to Head-HR, local HR, Local BM and mention that the Notice of Determination of Gratuity has not been supplied to you, despite representations ( if any by phone, emails, in person, by letter etc and provide dates, time, phone numbers, Names o company officials, brief minutes of discussion etc) and FormI is attached, and demand acknowledgment and payment of Gratuity by Bank DD thru Redg. Post only. You may send the representation by redg. Post ( and obtain POD and certified copy of run sheet of postman from PO) and mention that a postage prepaid, self addressed envelope for sending the Redg. Post to you is attached.
Specimen FormI is in the attachment.
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The employer has to supply Notice of Determination of Gratuity and pay within 30 days of becoming eligible, even if NO application by employee is made.
(Basic+DA)/26*15* No. of years of service
Basic+DA is as per last drawn wages, so obtain last salary slip.
If in last year you have worked for more than 6months count it as 1Year.
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In case of delay you are entitled for interest @10%pa.
If the good offices also do not provide any relief you may approach Controlling Authority of Gratuity.
If employer defaults on payment of wages it may default on PF,ESIC,TDS etc………..
Employee can approach:
----Employees Unions
--- Trade Unions e.g; CITU, AITUC, INTUC ............................
--- Inspector under (Name of your state) Shops and Commercial Establishments Act, If it is commercial establishment.
The employer has to maintain and submit requisite forms and registers according to Shops and Commercial Establishments Act. If the employer makes false entries it is offence.
--- Inspector under Payment of Wages Act: applicable to all employees drawing wages up to Rs.18000/pm as per def. of wages in the Act.
Refer to: Payment of Wages Act; Sec13A and 2: 3*[(i), (ia), 3*[(vi), 3, 4 ,5, 13a, 14, 15, 16, 17A, 20………….. and if the Inspector agrees to cover you may immediately submit Form’N’ for recovery of wages.
--- O/o Labor Commissioner
----RPFC thru nearest PF office
----ESTC Inspector in jurisdictional ESTC office
--- ITO; TDS where you file your ITR
--- CIT-TDS (jurisdictional) where company files ITR
----Lawyer/Law firm
---Civil Court
Employees have been contemplating to file criminal complaints u/s 406, 420……………………………and to approach employer as creditors treating unpaid wages as debt on employer e.g;
https://www.lawyersclubindia.com/forum/details.asp?mod_id=72011&offset=1#.UvYBGEeBmXV
It is imperative to submit carefully structured representations demanding unpaid wages, salary slips and all other pending payouts and documents.
Before you act further It shall be appropriate to show the job advt, job application, interview call letter, offer letter, selection letter, appointment letter, CTC sheet, Salary Structure, Salary slips, STANDING ORDERS APPLICABLE TO THE ESTABLISHMENT (CERTIFIED/MODEL) AND EXTENDED TO YOUR DESIGNATION, HR policy, Service rules and regulations, Conduct and discipline rules, Gratuity Rules of the establishment if any, etc…………….. Communications exchanged to a competent and experienced Labor consultant/service lawyer at your location, give inputs in person and proceed under the expert advice of your lawyer.
