Kalpana Annu
Hr Manager & Mr
Consultant & G.m.
Sr. Manager (hr)ntpc Ltd., Noida
Projects Coordinator And Hrd
+3 Others

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Greetings to all
employer refuse to pay gratuity......... I have worked past 10 years, suddenly they have terminated
me from the service. Regarding this there is no letter from them. Need advice from superior for recovering the gratuity.

Hi Mahadevan, If you have records that you have worked there for 10 years, you can give the notice to employer cc to Labour Commissioner in the area and recover the gratuity. Regards, Vinod Bidwaik
Termination can not be legal when it is not fulfilled legal action and compensation including gratuity like other employee’s welfare under labour laws.
You can discuss your matter with local labour authority such as assistant commissioner or labour officer and follow their guideline for submission your grievance.

Thank u kind reply
one more query..........some of the colleague were also seeking their gratuity from the same concern
can we go together to the labour commissioner for claiming.. if feel it is strength for us.

Dear friend,
Why do u need more strength by other colleagues. As rightly advised above , take immediate action. Do u have appointment letter ? do you have the termination letter ? how was the termination communicated to you ? do u have evidence such as pay Slips, Attendance Card, any other similar evidence that u worked in that organisation for the period as indicated above ? was any domestic enquiry conducted ? what was the reason of termination given orally or in writing ? Was your PF being deducted from salary ? do you have PF No. ? You have not mentioned about your PF issue. why ?
APPROACH IMMEDIATELY THE CONCERNED LABOUR COMMISSIONER alongwith properly drafted Letter giving full facts & evidences with a copy to your erstwhile employer for RELEASE OF GRATUITY and PF.
Sr. Manager (HR)/NTPC Ltd. (retd.)

It's sad that the termination taken place that too without any orderly manner/observing necessary package.
Are you covered under ID Act.? Nevertheless you should claim 1) Full gratuity & Full PF settlement 2) Retrenchment compensation as per ID Act 3) Notice pay 4) Encashment of leave at credit 5) Pension to commence at once. Nothing wrong if every one of you follow suit by filing individual settlement forms as per respective acts.

Hai mahadevan,
keeping view of all above i wish to suggest some steps to be taken at once.
First, u give ur representation to ur hr department and give wait for 10-15 days
secondly, approach to ur local labour department people for advice not with compliant.
Thirdly, u have maintain frequency in approaches

Dear M .
If you have personal E-mail. Write to your HR Deptt on their E-mail ID & CC to CFO & Management ID regarding giving the Gratuity & other Benefit you entitlement as per your appointment letter wait for reply still 15-20 days.after that take the help of Labour authoirty.

ear friend,

As rightly said by Mr. Satish, if you are a workmen under Section 2(s) of the ID Act, you can raise the dispute u/S. 10(a). You have told about your designation and nature of work. If you colleageues want to raise the dispute they can raise individually. Every case has its own merits and demerits. Do you have appointment letter ? Do you have the termination letter ? How they communicated to you about your termination. Do You have evidence such as pay Slips, Attendance Card, PF/ESI numbers, Bonus slip, annua increment letters etc. or any other similar evidence that you have worked in that organisation for the period as indicated above ? What was the reason of termination given orally ?

You coud have written a letter to your employer about the reason for the termination and if they have replied to your letter, it would have been a good evidence for your case.

If you approach the commissioner, just they will refer the matter to the court as your employer may not agree for many things.


Sr. Manager - HR

There is no clarity in the query. The following should be addressed:

1. What is the status of the company or organization. Is the company coming under the Shops and Establishment Act of the state, in which it is situated.

2. What are the conditions indicated in the Employment letter, first when the candidate, was taken into service?

3. Was there any mention like "the company follows all the statutory regulations or some such thing?

4. Is the company covered under the Labour Act?

5. Was there any termination letter and issue of experience certificate wherein it is stated that the candidate has worked from date so and so to date so and so, which will speak of the number of years of service put up.

6. If PF subscription from the company was properly credited to the PF accounts, and if pension contribution was proper, the candidate can get pension, if the service put up is 10 years or more. The pension payment would be only from the date the candidate reaches his 58th year and not before.

7. If all the above are proper, the candidate can go to Labour commission, and redress his grievance.

Subba Rao Bhagavatula.

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