Regarding Ex-gretia

Dear Friends,
As per my appointment letter , bonus is part of the CTC. After completion of 1 year , company gave ex-gretia on Diwali.
My query is:
I resigned & gave notice to company . My last working days was 31st Oct. 2012.
Company gave ex-gretia on 10th Nov. 2012 on diwali. But company didnt pay me the ex-gretia & reason behind that is i have left the company .
Kindly advise that can i legaly fight with company to get ex-gretia.
Thakns

Dear ravinderbhola,
First of all kindly put your query in order. What was your date of joining or did you serve the company for minimum 30 days in a financial year?? If yes, then you are eligible for bonus amount. Also, pl mention that has the bonus been paid to you during your full 'n' final settlement?? Again, if yes, you are NOT entitled for this ex-gratia amount.
I don't understand your inclination towards going LEGAL for such thing!!!! Are you aware about the repercussion??

Dear Hiral,
Thanks for reply & apologies for unclear.
My date of joining was 5th Sept. 2011 & I have completed 14 months in company.
In my f&f I received my salary only. They didn’t mentioned
1. PL encashment
2. Ex-gratia
3. LTA
My basic salary was 18000 & gross was 30,000/-
They denied to pay anything which i mentioned above. if i file a case to get PL encashment + Ex-gratia + LTA
Please advise....

No, you cant take any legal action for Ex-gratia as it is not the legal right of employee.

since your are getting basic >10000, you are not entitled for bonus. Ex gratia is optional and company cant be forced to make the payment of same.

one thing more, in case you have PLs in your leave account, that needs to be paid to you since this cannot be adjusted in notice period if not served.

HI
They should give you LTA amount for 14 months, if you have not claimed your LTA earlier. However it will be taxable amount if you have not submitted any travel bills along with 4 days Earned leave.
Regards,
ARTI

In both cases the company\'s stand of not paying is correct. Bonus Act protects the interest of people who draw a salary below Rs.10000/- Exgratia is at the discretion of the company, unless it is clearly mentioned in the service conditions. Same is the case in respect of unavailed privilege leave. Unless it is specifically mentioned that the unavailed leave can be encashed, there is no scope for a dispute.

As per shops and establishment act, unavailed PLs need to be encashed at the time of seperation.

Which section and which state act ?
To the best of my knowledge, the acts are silent on encashment