Labour Law & Hr Consultant
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Respected sir,

I worked at Alva’s Institute of Engineering and Technology, Moodbidri as Assistant Professor from 17-12-2008 to 31-10-2013. So I worked for 4 years 10 months and 14 days in this institution. I resigned the job and I have been relieved on 31-10-2013. I had informed the Principal and Management 3 months earlier. I did not apply for Earned Leaves or PL during my service in this institution. I did not get gratuity and payment for EL.

While relieving me from the job, Institution has taken 3 month’s salary from me. Principal and Management told me that we have not been informed earlier. But I had informed the Principal and Management 3 months earlier. At the time of joining the institution, I had submitted all my original documents to the Principal. After I resign the job, they told me that unless you give 3 month’s salary, we will not return your original documents to you. I was helpless at that time and I have given 3 months salary to them. I collected the receipt for giving 3 month’s salary. But In the appointment letter they didn’t mention anything about 3 month’s notice period or salary.

I have appointment letter, relieving order, Experience certificate, salary slip for the month of September 2013 and receipt for giving 3 months salary.

I came to know that, an employee having worked for more than 240 days in the fifth year will be eligible for Gratuity, as has been held by the honourable high court of Madras, reported in Mettur Beardsell Limited, Madras Vs. Regional Labour Commissioner (Central), Madras & others 1998 LLR 1072 (Mad. HC).

I kindly request you to help me to get gratuity, payment for EL and 3 months salary. Can I go to labor court to get gratuity, payment for EL and 3 months salary. If so, what is the procedure to go to labor court? Please give me the suggestions.

Thank you-Shreesha

You are not covered under the I D Act.
you cannot go to labour court.
First you issue legal notice/general notice to your employer.
In case, response is not there, you can go to civil court for justice.
or you can file cheating case by informing all these details after notice.

You are eligible for PL and you are also eligible for 3 months salary refund. But to become eligible for
Gratuity, you need to complete 5 years of continuous service with the employer.
You are advised to take a view keeping in view of above.
R K Nair

Dear shreesha,
(1) A claim for gratuity can not be filed before any forum other than the Controlling Authority appointed u/s 3 of the Payment of Gratuity Act,1972 for the reason that the Act is itself a complete code for the subject-matter of gratuity. Therefore file a claim u/s 8 before the Controlling Authority for the area in which your institute is situated, after following the formalities prescribed in the Rules as suggested by Tushar.
(2) For other moneys due to you as mentioned, you have to file a civil suite.

Dear Umakanthan.M & Tushar Swar,
I have sent a Request letter to my previous employer on 21-04-2014 by email. And I am waiting for his reply.
If he doesn't respond to my email with in 10 days, then I will send Form "I" and "Full & Final settlement form" to him by registered post.
Thank You,
With Regards,

Respected sir,
As I told you earlier, I had sent a request letter to my previous employer by email on 21-04-2014.
But he did not respond to my email. He did not consider my request.
So today I have sent Form 'I'' and applications for 3 months salary refund and Earned Leave encashment by separate registered post A.D.
Thank You,
With regards,

Dear Shreesha
Always send the hard copy of any correspondence. Sometimes the softcopy cannot be accepted in the court of law. But you must consult some good practicing lawyer who can guide you properly in this regard.

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