Srinath Sai Ram
Hr Manager
Mushtaq Dar
Assistant Manager

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I worked for an automobile company as assistant manager for five years. They then terminated my service because I was not willing to relocate to a new city as my father is a cancer patient. It has been three months, but they have not settled my FnF yet. Even before I was terminated, they were paying only 50% of the full salary for several months. As a result, I am facing accute shortage of money to help my bedridden parents and to pay the school fees of my children.
So much so that I had to admit my children in a government school, for I could no longer pay the fees of a private school. I have defaulted on my loans and my CIBIL score is gone extremely bad. What do I need to do to force the company to pay my dues. Kindly let me know if I am eligible for gratuity.
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Dear Mushtaq, please furnish your Date of Joining & leaving, together with your last Drawn Basic Salary+DA+VDA for determining your eligibility for Gratuity
Consequent to Termination of Service, you should have been paid Notice pay as per Appointment letter, Leave Encashment, pending Salary, Bonus etc
Dear Srinathji,
I joined on 24th August 2012 and was terminated on 15th September 2017 with immediate effect. The salary remained same throughout these five years: 4.8 lac gross per annum. I have not received the FnF statement yet-- though the HR told me yesterday that they will give the statement this Monday but they are not sure as to how much time it might take for the actual payment to take place.
Dear Mushtaq, Please submit your Claim for Gratuity also in writing.You are liable to receive 10% Interest Per Annum for belated Payment of Gratuity.Due date is 1 Month from the date of Termination.Further, what is the reason for your Termination? this is required to knoq whether you are eligible for Gratuity or not?
Thank you for the help.
I was terminated because I could not shift to a new location assigned. It was not possible for me to shift because my father is a cancer patient and he needs to be looked after. In addition, much before I was transferred, the company had been paying only 50% of the salary for almost a year to all it's employees. I could have thought of moving to the new location if they had paid the then-accumulated pending salay. It was practically impossible to move because I even didn't have money to fund the schooling of my children, not to speak of moving to a new place and then surviving there.
Dear Mushtaq, My sincere prayers for speedy recovery of your beloved Father.Please focus on getting arrears of Salary, Gratuity, Leave encashment etc highlighting your Fathers Health condition duly supported by Medical Certificate
Thank you for your concern and guidance. I forgot to write that all those employees who have left the company in last two years too have not been paid their dues. I was thinking of moving a court of law against the organization but my seniors have advised me not to do so as they think an employee can not afford to fight an organization as big as ours. Could you please guide as to what the legal recourse is left for me. Kindly don't mind asking too many questions.
Hi Mushtaq,
If all the out going employees are not being paid their settlement amounts, they should not keep quite. You can give a written complaint to the Labor department with the facts and taking consent of all the left employees.
But one thing is sure, how ever big the organization is it cannot deny dues of employees. More over litigation like this gets delayed generally and you need wait patiently and get proper representation at the department for a result.
Thank you Mr Venkata,
Can I approach the National Human Rights Commission (NHRC) against the company?
You can certainly approach, though the appropriate forum is Labor Department.
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