How Can I Recover My Gratuity and Unpaid Dues from a Company with Management Changes?

Hi all,

I was in service for 14 years. I left the company when its condition was not good. They have stopped my gratuity, and after my inquiry, they are just passing the days. Now, what action do I need to take to recover my gratuity from the company? The company is managed by two entities, the Old Management and the New Management. The New Management is operating under the old entity, and no changes in management are reflected in the company records. Kindly advise on who will be responsible for paying the gratuity and what the legal rules are regarding the same.

Other pending charges like leave encashment are also unresolved. They have issued two small cheques but have not made the balance payment.

Thank you.

Apply for gratuity using Form I (attached) and wait for the reply. If no response is received within a month or 45 days, proceed to file a complaint with the Labour Officer of the area.

Regards, Madhu.T.K

Dear Akhilesh,

I would like to suggest that, in the first instance, you approach the Labour Inspector of your area by lodging a complaint regarding non-payment of your legal dues against both managements. If the matter is not resolved by him, ask him to take action for the non-payment of dues. He will also guide you on the appropriate forum before which your claim case will be heard. In general, it is stated that all Labour Officers/Assistant Labour Commissioners are designated as Controlling Authorities under The Payment of Gratuity Act, 1972, before whom you can file a claim for non-payment of due gratuity.

I hope that to some extent you will be able to resolve your problem.

Regards,
R.N. Kkola
Sr. Associate
09810405361