Sir,
I was joined an Unaided Engineering College in Maharashtra on 16-6-1986 as Lecturer. I retired as a Associate Professor in May 2021. My Last salary was Rs. 116600/- [as per 6th pay scale]. College had paid me gratuity amount Rs. 8 Lakh in March 2023, which is not as per 6th or 7th Pay Scales. [Max limit- 6th pay scale =7 Lakh & 7th pay scale = 14 Lakh, as per Govt. of Maharashtra.]
I want to challenge the management against lower payment of gratuity. As per my expectations, gratuity should be paid as per 7 th pay scales, even though 7th pay scales are not implemented.
1] Can I file a court case in this matter?
2] If yes, where the case may be filed, either in Labour/Industrial/High court?
Please give me a right advice
From India, Pune
I was joined an Unaided Engineering College in Maharashtra on 16-6-1986 as Lecturer. I retired as a Associate Professor in May 2021. My Last salary was Rs. 116600/- [as per 6th pay scale]. College had paid me gratuity amount Rs. 8 Lakh in March 2023, which is not as per 6th or 7th Pay Scales. [Max limit- 6th pay scale =7 Lakh & 7th pay scale = 14 Lakh, as per Govt. of Maharashtra.]
I want to challenge the management against lower payment of gratuity. As per my expectations, gratuity should be paid as per 7 th pay scales, even though 7th pay scales are not implemented.
1] Can I file a court case in this matter?
2] If yes, where the case may be filed, either in Labour/Industrial/High court?
Please give me a right advice
From India, Pune
The District labour Officer/ Asst Labour Commissioner is the controlling authority under the Payment of Gratuity Act. If your institution comes under the state (not having branches in other states) then you can approach the state labour department and find the appropriate authority. You can file the complaint in the attached format.
From India, Kannur
4193From India, Kannur
As per PGA 1972, gratuity has to be calculated as per the wages last drawn by the employee, this has to be the actual salary. Since 7th Pay Commission salary has not been paid actually, the entitlement is not there.
From India, Mumbai
From India, Mumbai
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