I have worked as Asst. Professor in a recognised Institute for more than 6 years as a permanent employee. I have got a govt. job and resigned the present job. As per the proceedings from employer, I have paid almost 3 months of notice period amount and I was relieved. I have taken my relieving letter and service certificate. At that time I applied for Gratuity claim. As per the H.R I have typed one application form and forwarded to the Employer. They have forwarded my application to LIC and after 3 months they got the amount from LIC in the Institute's bank account.
This is confirmed by the HR to me. Now more than one month is over but the employer is not paying Gratuity amount to me. I wrote a mail to Registrar but no reply. I contacted principal but I understood from his words that he can't do anything. I asked my colleague to inquire but they did not give any reason. I am afraid to proceed for legal action or to complain Asst. labor commissioner because I am in probation period of the Govt. job. I am unable to understand. Kindly help me. Thank you.
Hello sir,
Gratuity has to be paid by employer, Please revise your offer letter or appointment letter about gratuity section some organizations have different policies in gratuity but according to statutory norm, gratuity is must.
if your organization wont respond, file a case against in labor court and wait for hearing, will be come to your account soon.
"I afraid to proceed for legal action or to complain Asst. labor commissioner because I am in probation period of the Govt. job"
Asking for your legal entitlements is in order.Being on probation will not make any difference.
Send the college a letter through speed post,duly drafted by a lawyer and ask for gratuity.
If they do not pay, approach Labour officer of the area for intervention.
Hi
You have mentioned that you have sent an e-mail to the Registrar. Even though electronic communication is acceptable evidence under the Evidence Act as held by the Apex Court, it is suggested you address a letter through an Advocate to the Registrar and if no response, you may prefer your gratuity claim before the Controlling Authority of your area appointed under The Payment of Gratuity Act.
Regards
P.S.Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance,
PF, ESI, P Tax, Benefit Management &
POSH COMPLIANCE) - KOLKATA
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