View Poll Results: Do you think: I should get gratuity?
Yes 9 69.23%
No 2 15.38%
Dont know, needs more information to decide 2 15.38%
Voters: 13. You may not vote on this poll

Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Srinath Sai Ram
Hr Manager
Harpreetwalia
Senior Manager/freelance Consultant
Verma_gk@yahoo.com
Sme-hr & Employment Laws
+1 Other

Thread Started by #Anonymous

I was working as a permanent faculty in a private state university of Gujarat for 4 years and 11 months and 3 days. I was relieved in May 2015 after obtaining 3 months of notice period due to the closure of my department and institute. But the university is still working there at the same place and had started some other institute which does not need my qualifications. The university did not give me gratuity as they said I do not have "5 years of service". I didn't resign, but I was relieved due to the closure of my department. Also, the deficient in-service days would have been my vacation period if my employment would have continued. I had also provided them with the judgement of honorable Madras high court (Mettur Beardsell Ltd case) and also the judgement of honorable Supreme court (Surendra Varma case of 1980), but they asked me to bring any relevant and recent judgements of either honorable Gujarat high court only or of Supreme court, as such old judgement might have many revisions and they do not consider another state judgements. Kindly guide me what to do and share any such relevant judgement of honourable Gujarat high court or Supreme court. Thanks in advance.
2nd December 2017 From India, Delhi
Dear Anamika, Please contact jurisdictional Controlling Authority i.e Assistant Labour Commissioner together with all relevant Documents immediately.The Authority will adjudicate the matter.In support of your claim you rely on the judgements which you have referred
2nd December 2017 From India, New Delhi
#Anonymous
Thanks, Mr.Srinath Sai Ram for your quick response. What do you suggest sir, should I use professional legal paid service for filling this case in labor office or fight it on my own.. as the case may go for few months requiring a frequent visit to the labor office.
2nd December 2017 From India, Delhi
Pl approach labour office first.
Sometimes one or two visits ensures that they job is done.
Hiring lawyers will be costly.Wait for some time.
3rd December 2017 From India, Pune
Hello,
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.
Regards,
Gajendra Verma
3rd December 2017 From India
Hi,
Mr. Nathrao, has a right point. Approach the ALC first, you may get a resolution then and there then why to hire a legal practitioner at first spot? And if there is no solution you get then you always have court's door open for you.
3rd December 2017 From India, New Delhi
For every problem seek the simplest and direct solution.
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
Hope the querist gives a feedback.
Has he approached the Labour commissioner of the area?
Advice is given by many learned members and result of advice needs to be known to all readers of the forum.
9th December 2017 From India, Pune
#Anonymous
Thanks a lot to all of you for your valuable suggestions.
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
Dear Adindi, Now, without any further delay approach Controlling Authority & file your Petition.In the petition mention that the University did not pay Gratuity on the ground that your Service was less than 5 Years. Whereas, now you are filing your Petition relying on Chennai High Court Judgement.Please mention in your petition that you are liable for interest @ 10% PA from the date of relieving from Service.Please do not focus more on RTI
10th December 2017 From India, New Delhi
#Anonymous
finally controlling authority has called us for a hearing... I am willing to fight it on my own without any advocate.. also came to know one judgment of Sreeja B. v. Regional Joint Labour Commissioner And Ors.
COURT: KERALA HIGH COURT DATE: 5 MAR, 2015 .... any tips or suggestions?
8th March 2018 From India, Delhi
You stand a good chance to get favourable decision for payment of gratuity.
8th March 2018 From India, Pune
#Anonymous
Hello All,
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?
Thanks.
1st June 2018 From India, Delhi
Settle it. No point of stretching it. The example is already set now.
2nd June 2018 From India, New Delhi
Dear Adindi,
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
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