PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Partner - Risk Management
Doctor Siva Global Hr
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saswatabanerjeeYes, it works
however, what actually works better is going to meeting the Labour Commissioner personally (with all details, documents, etc) and explaining your problem.
It is possible that your contention is wrong in the first place and the officers will explain it to you.
From India, Mumbai
Well said by our Colleague on the clarity given. The Controlling Authority under the Payment of Gratuity Act 1972 is having qasi-judicial powers to summon and call for records / evidences from the employer to find all facts of the case and then decide judicially, pass order for remedy.
The Provisions of Payment of Gratuity Act are very clear and sound and the process followed by the Controlling Authority under the Act 1972 normally the Assistant Commissioner of Labour or Dy Commissioner of Labour depending on the State are dong meticulous enquiry into the question of facts and question of law and they pass judicial/ enforceable order on the case based on merits. For this they send notice / summons / call for records/ call for witness etc and do proper enquiry into the subject and then decide the case. So many cases they disposed and found remedy to both parties - Employees or Management depending on the merit. The next course is to appeal in High Court if still grievance is there but before that the case has to be be completed before the Controlling Authority and his order is the base for further actions.
In most of the States, the Labour Commissioners do a really fantastic/ sincere / very meticulous work in this area and they resolve many cases. In my 30 plus years of experience, I had witnessed thousands of cases settled amicably by the Controlling Authorities under the Payment of Gratuity Act 1972 who do very fair hearing.
As suggested by our Colleague, worth to meet the Controlling Authority of the area jurisdiction for remedy confidently and post meeting to file all relevant documents. Many times there may be errors and Managements will be openly settle the gap or grievance before the Controlling Authority.
In my experience no Management deprive Gratuity to any employees intentionally and wantonly ( there may be exceptions) but there may be approach or legality difference which might get sorted out by the Controlling Authority on merits solving the question of Law and verifying the question of facts too.
All the Best, God Bless
Doctor Siva Global HR
From India, Chennai