Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
+1 Other

hi all, i was in service and After the service of 14 years, I left the company and at that time the condition of the company was not good. They have stopped my gratuity and after my inquiry they are just passing the days. Now, what action I have to take, to recover my gratuity from the company. The company is running by the two managements i.e. Old Management and New Management and New Management are running with the old entity and no management is changed on the company records. Kindly advice that, who will be responsible to pay the gratuity and what are the legal rules for the same?
My other charges like leave encashment etc are also pending and out of this they have issue two small cheques but not making the balance payment.

Apply for gratuity in form I (attached) and wait for the reply. If no reply is received for a month or 45 days, then file a complaint before the Labour Officer of the area. Regards, Madhu.T.K

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File Type: doc Form I- gratuity.doc (22.5 KB, 67 views)

Dear Ahkilesh,
I would like to suggest that at the first instance you may approach the Labour Inspector Of your area by making a complaint regarding non payment of your legal dues against both the managements. If the matter is not settled by him then asked him to take action for non payment of dues. He will also suggest you the forum befoe which your claim case will lie. In general it is told that all the Labour Officers/ Astt. Labour Commissioners are declared as Controlling Authorities under The Payment Of Gratuity Act,1972 before whom you can file a claim case for non payment of due gratuity.
Hope that to some extend you will solve your problem.
Regards,
R.N.Kkola
Sr Associate
09810405361
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