Mahr
Head - Human Resources
Alphonse
Manager -hr&a
Sibabrata.majumdar
Management Consultants Legal & Hr
9871103011
Private Consultant On Labour Laws
+4 Others

My company Mars-India has denied me to pay the gratuity. The reasons given by them are the client company has not paid them in full for the services they have provided. I worked for Mars-India and i was in the pay roll of Mars-India. After 8 years of work i resigned and they provided me with relieving letter and when asked for gratuity they said the will intimate me when they decide to give it. After a year of time when i contacted them they said do what you want to do we will not provide you. Go to court or do whatever you wanted to do.
I currently work in USA and have come for a 20 days trip to india. Whom should i report/contact and how can i get my Gratuity?
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IF they are so adamant about giving you Gratuity amount then you better hire a good lawyer.
Hi Anonymous,
As per Gratuity Act if employee has rendered continues service for not less than 5 year then at time of employment termination employer is liable to pay gratuity. If employer is not giving gratuity then it is punishable under section 9 of Gratuity Act.
You should contact HR or top of management of company. If still your concern is not resolved then you can give application to controlling authority under section 8 of gratuity act. It will take bit time but your concern will be resolved.
Dear Friend,
You are eligible for gratuity as you worked more than five years on continuous basis You may file an Application for direction in Form "N" (under Rule 10 (1) before the Controlling Authority under the Payment of Gratuity Act,1972 at the appropriate RLC's Office under your jurisdiction.If you need any help and advise you may communicate the same to me.
Thanns,
Sibabrata Majumdar
Kolakata
My friend as per Gratuity Act,1972 and its rules your are entitled to get Gratuity. First approach your employer requesting him to pay the Gratuity providing the details of joining and leaving. After 15 days send a reminder highlighting the first letter stating that you will be approaching the Controlling Authority under the Payment of Gratuity act.Nominate some one whom u trust to appear and argue for this.
Dear friend.
When the company you worked itself is ready to face the court then there is no possibility of getting the Gratuity amount from them without resorting to legal action. Therefore donot wait and as per our friends advice please take this matter to labour commisioner to get justice.
Good luck.
N.Ragavendiran
Dear Anonymous,

My colleague Sh.Sibabrata Majumdar has given you the correct advise.You are eligible for the payment of gratuity as you have put in more than 5 years with the company.You have to assess as to who is the appropriate govt having jurisdiction to deal with the cases of your company whether Central or State Govt. Accordingly you have to approach to the Controlling authority of the area with an application containing full particulars of your service details in Form 'N'. The employer is supposed to pay the amount of gratuity within 30 days from the date, it becomes due. If it is proved that the employer has deliberately delay the payment of gratuity, the Controlling authority is competent to grant you the interest at the simple rate notified by the Govt. from time to time. The reasons advanced by your company that the client company has not paid them in full for the services they have provided shall not stand valid before the Controlling authority.Since you are present based in USA. I suggest you to authorize some person to appear before the Controlling authority on your behalf after you have filed an application in Form"N" before the Controlling authority.

BS Kalsi

Member since Aug 2011
Hi this is viswanath, Mars-India is a software company with branches in Hyderabad, Bangalore and Mumbai.

According to the Payment of gratuity act 1972

9. Application to Controlling Authority for direction:-If an employer-

(i) refuses to accept a nomination or to entertain an application for

payment of gratuity, or

(iii) having received an application for payment of gratuity, fails to

issue notice within fifteen days; the claimant employee, nominee,

or legal heir, as the case may be, may within ninety days of the

occurrence of the cause for the application, apply to the

controlling authority for issuing a direction under sub-section (4)

of section 7 with as many extra copies as are the opposite party:

Provided that Controlling Authority may accept any application on sufficient

cause being shown by the applicant after the expiry of the period of ninety days.

[Rule 10.]

"11. Machinery for enforcement of the Act or Rules in Central spheres:-

All Assistant Labour Commissioners (Central) have been appointed as Controlling

Authorities and all the Regional Labour Commissioners (Central) as Appellate

Authorities."

In my case i think i should approach Controlling authority (Central) that is Assistant Commissioner of Labor (Central) and not(State).

What do you guys say?

Thanks

Viswanath
I sent a mail to the directory of the company, HR and finance officer. Below is the response to my email from the directory of the company.

I sent the following mail in Dec of 2011 and as i was in USA i could not reach the Controlling authority within 90 days. Can i now approach the Controlling authority with the following mail or should i send another email to the Company before approaching the Controlling authority.

From: <Ramesh.Sundaresan>

Please go ahead and take legal action.....we are game for that.

viswanath reddy wrote on 12/19/2011 11:27:06 PM:

> Ramesh,

> I have sent several mails including the below mail

> regarding the settlement of gratuity and Leave encashment. I

> relieved from Mars Telecom on April 6th and its been more than 6

> months and i have sent several requests regarding the Gratuity to

> You, Mahesh and Sunil and there never was any action taken.

>

> Pls consider this as a final request regarding the

> settlement of gratuity and leave encashment. Please see that you pay

> me the gratuity in 3 days time that is by 22nd of december 2011. You

> have taken ample of time and you have not taken any action till today.

>

> If i am not payed the gratuity and leave encashment

> in the given time i am left with no other option than to proceed

> further in legal.

>

> The Payment of Gratuity Act, 1972 and Rules made thereunder.

>

> Rules of Payment of Gratuity act 1972)

>

> Thanks & Regards

> Viswanath
Going through lawyer is a cumber some process and takes long time and so i would like to avoid lawyers for this petty issue.
Should i approach the Labour Commissioner Office (Central) or (State)??
Do i need a lawyer for this?
Labour Commissioner Office Central
Ati Campus, Opposite Shivam Temple, Vidya Nagar, Hyderabad - 500044

Should i approach the above address in person and give them a letter in written?
Is there any other office in Hyderabad that i should approach?
Dear friend
I understood from your letters that you have not submitted the Gratuity claim application form No I. I am attaching the same for your reference and records. Kindly fill it and send it through registered post and get the acknowledgement for further reference. Please do it first. I think you know the gratuity calculation method: Basic +DA / 26 x 15 x no of year service.
Regards
Alphonse

Attached Files
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File Type: doc Gratuity Form I.doc (28.0 KB, 189 views)

Dear Viswanath,

Thanks for disclosing your identity.You have rightly assessed that the Central Govt shall be the appropriate authority for the Mars-India software company with branches in Hyderabad, Bangalore and Mumbai and as such you have to approach to the Assistant Commissioner Labor (Central), Hyderabad who is the Controlling authority for entertaining you application under Payment of Gratuity Act, 1972.The reason is if you go through the definition of 'Appropriate Government' given under Section 2(a)(b) of the PG Act carefully, you will find that any establishment having branches in more than one state, the appropriate authority shall be the Central govt.You have rightly mentioned their office address, which is situated at ATI Campus, Vidyanagar, Hyderabad-500007.It shall be better if you approach personally to the Controlling Authority with Form 'N' duly completed in all respects.Your personal meeting the Controlling Authority may bring some positive results since you have to explain the reasons for submitting application abnormally late.Since you are in India temporarily, you may have to authorize some one to appear before the Controlling Authority on your behalf.

BS Kalsi

Member since Aug 2011
Hi Vishwanath,
You shall approach the central labour commissioner based out in Hyderabad and submit your petition. However please don't forget to take a counterfoil for the petition submitted. I highly feel that your last employer is not/less worried because of your current location, and people at times would leave thing like that, as they don't want to run behind govt offices.
Would also suggest you to approach a corporate adviser/advocate for better suggestions.
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