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Labour Law & Hr Consultant
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PRABHAT RANJAN MOHANTY
Hr & Ir
What has happened with you quite unfortunate nevertheless, it appears that you have mishandled the situation. If your employer did not pay you for the three months then instead of abandoning your employment, that time itself, you should have approached this forum and sought the advice. By abandoning your employment, not only you have weakened your case, but have risked legitimate claim for the gratuity also. It appears that you took this decision in a fit of annoyance (तिरीमिरी in Marathi).
Abandonment of employment is no ground to withhold the gratuity. However, you have to make efforts to get it. You may submit Form I of gratuity act, duly filled, to your employer. Take acknowledgement on the second copy or photocopy. If the employer refuses to accept the form by hand then send it by registered post. If the gratuity claim is still not entertained then you may make a complaint to the Labour Officer (LO) under whose jurisdiction your engineering college falls. Please note that LO is different from a labour lawyer. Former is appointed by the government whereas latter is professional who works in an individual capacity and that too with a fee.
Similarly, write a separate application for the payment of wages until your last working day. If your application is not entertained, then approach LO for this matter also.
As you approach LO, let us see whether he agrees to intervene. Else what to do that we will discuss later.
5th September 2017 From India, Bangalore
As Dinesh sir already enlighten you in addition to that if employer don't accept your gratuity claim form or application to clear your dues. While sending the gratuity form by registered post please add a covering letter with the same stating encl. Form to claim gratuity and mention copy of the same has been submitted to labour office and submit the copy to labour office. it seems your employer will not go easy in this case. therefore, to add weight to your application employer should know that labour office is involved.
5th September 2017 From India, Pune
Your suggestion of sending the form the form under covering letter is very good. Nevertheless, sending the copy of the letter along with the form to the Labour Officer (LO) could be imprudent. Employer may construe it as mistrust of the applicant on him and he may get incensed further. Yes if no action is taken on the application, then while sending the reminder, copy of the reminder may be sent to the LO. Involvement of LO is necessary but not right at the first step itself. Please note that a patient is sent to the specific ward after initial medical check up at the OPD and not directly to specialist medical practitioner. Who knows that the problem may get resolved right at OPD itself!
5th September 2017 From India, Bangalore
The senior counsel(Mr. Divakar) of the forum have given you right suggestion on the basis of information given in post.
My view is that while you are posting any issue just not put the information. The battle you are going to fight is a legal one. To deal with the matter, just information is not sufficient but facts on record are useful to give a comprehensive sollution. Information i.e. (date of Joining, copy of appointment letter, the last date you attend office before abandoned the job and the Text of Termination letter issued to you). This will help you imensely while you are expecting for a mango but may get an orchard.
6th September 2017 From India, Mumbai
One way or other, all those employed in any organization for hire or reward are workmen/employees and therefore, some time or other, every person in such paid-employment has to face some problems due to some omissions or commissions in the fulfillment of the contract of employment either on his part or on the part of his employer and to be inevitably in the centre of an employment dispute or industrial dispute. But the redress or remedy basically depends upon the employment status of the employed person. To invoke the provisions of a Labor Law for the redress of a specific employment grievance, the employed person should be a workman/employee as defined under the particular Law. Adverting to Judicial dicta, the legal position obtaining as of now is that though education is an industry, yet teacher employed in an educational institution is not a workman for the purpose of the Industrial Disputes Act,1947.
As I understand yours is a case of termination for abandonment of employment or unauthorised absence.
Unfortunately, there is no mention in your post whether you belonged to the teaching faculty or the non-teaching staff and any disciplinary action was instituted before your termination.
Had you been a member of the teaching faculty, you can not invoke the provisions of the ID Act for reemployment and recovery of the dues to you or the Payment of Wages Act,1936 for the denied salary. In such a situation, instituting a Civil Suit for breach of the contract of employment is the only available option.
If you were a member of the non-teaching staff, you can raise an industrial dispute u/s 2-A(1) of the ID Act,1947 against your termination before the Labor Officer as suggested by Mr.Dinesh or for the recovery of the unpaid salary file a claim u/s 33C(1) of the same Act before the Govt or u/s 15(1) of the Payment of Wages Act,1936 before the DLC.
In either case, you can file a claim u/s 7 of the Payment of Gratuity Act,1972 for gratuity before the Controlling Authority under the Act for your area.
Therefore, for the recovery of the unpaid salary and gratuity, I would suggest engaging the services of an advocate.
7th September 2017 From India, Salem