Korgaonkar K A
Srinath Sai Ram
Senior Manager/freelance Consultant
Sme-hr & Employment Laws
2nd December 2017 From India, New Delhi
2nd December 2017 From India, Delhi
Your case is strong and to put forward before Controlling or appellant authority under the statute. As you worked 4 years >240 days in the same institute and you we were asked to resign as you were redundant.
You may seek help with a local legal practitioner who help you out to move a strong representation with facts and citations.
3rd December 2017 From India
First approach the company with problems and if not sorted out then approach concerned labour officer.
Court is the last resort.
Legal approach is expensive and time consuming.
Quite possible you may end up spending more moeny on lawyer fees than the gratuity itself.
3rd December 2017 From India, Pune
Steps i had taken till date:
(Teaching Employment period: June,2010 - May, 2015; 29 days less in 5 years of service)
1) sent a request letter demanding for gratuity (and also quoting in it the supreme court judgement of surendra verma) to the universities executive registrar through personal visit on Nov,2017 (- No response obtained yet)
2) send the "Form I" of gratuity act for demanding gratuity to the universities executive registrar thorough registered post with A.D. on Dec,2017 (- No response obtained yet)
3) send the "RTI Form" for getting information from the director of labor, department of labor and employment, gandhinagar head office, government of Gujarat regarding
a) provide details of cases similar to my case which came in labor department
b) important judgements of supreme court and high court used by the labor department for solving such cases ;
through personal visit on Dec,2017 (- No response obtained yet)
What should be my next set of actions?
Can i also demand for cessation or retrenchment compensation? (although i was provided with 3 months (less 2 days) of notice period as i was a permanent employee, but i remained unemployed for few months after being relieved.)
9th December 2017 From India, Delhi
10th December 2017 From India, New Delhi
COURT: KERALA HIGH COURT DATE: 5 MAR, 2015 .... any tips or suggestions?
8th March 2018 From India, Delhi
Thanks for all your quick support and motivations.
Finally, I got a call from the university advocate to settle the gratuity case outside the labour court (after frequent visits to labour court).
They agree to pay a cheque with just the actual gratuity amount and not the penalty (which is as per gratuity act, 10% simple interest of gratuity amount per year i.e. for 3 years). They will also make me sign an agreement on Rs. 20 stamp paper that all my dues are cleared now and full and final settlement is done. They said if I want the penalty amount then be ready to fight till high court and supreme court!
So, the last piece of advice I would require is as follows:
* Should I settle the case with just the gratuity amount (without the penalty amount) or have the burden of high court expenses for the penalty amount?
* Should I sign the agreement of all dues cleared?
* Will this amount I will receive a settlement amount will be tax-free or do I need to get some kind of letter from the university that it is gratuity amount?
1st June 2018 From India, Delhi
Grab it immediately. Give whatever documents asked for.
Your case is not on merit in my view on the ground of Madras HC judgement and the Supreme Court judgement as quoted by you. The judgement of Madras HC has no binding force in Gujarat State. Supreme Court judgement as quoted by you is not pertaining to POG Act.
You had only one ground to fight. Your were discharged from your duties due to closure of your department.
Don't take time to take decision.
2nd June 2018 From India, Mumbai