Seeking Advice: Can I Take Legal Action to Recover Gratuity and Unpaid Salary from My Former Employer?

I worked at Alva's Institute of Engineering and Technology, Moodbidri as an Assistant Professor from 17-12-2008 to 31-10-2013. So, I worked for 4 years, 10 months, and 14 days in this institution. I resigned from the job and was relieved on 31-10-2013. I had informed the Principal and Management 3 months earlier. I did not apply for Earned Leaves or PL during my service in this institution. I did not receive gratuity and payment for EL.

While relieving me from the job, the institution took 3 months' salary from me. The Principal and Management told me that they had not been informed earlier. However, I had informed them 3 months prior. At the time of joining the institution, I submitted all my original documents to the Principal. After I resigned, they told me that unless I paid 3 months' salary, they would not return my original documents. I was helpless at that time and paid the 3 months' salary to them. I collected the receipt for this payment. However, the appointment letter did not mention anything about a 3-month notice period or salary.

I have the appointment letter, relieving order, experience certificate, salary slip for September 2013, and the receipt for the 3 months' salary payment.

I came to know that an employee who has worked for more than 240 days in the fifth year is eligible for gratuity, as held by the Honourable High Court of Madras, reported in Mettur Beardsell Limited, Madras Vs. Regional Labour Commissioner (Central), Madras & others 1998 LLR 1072 (Mad. HC).

I kindly request your help to obtain gratuity, payment for EL, and the 3 months' salary. Can I go to the labor court to get gratuity, payment for EL, and the 3 months' salary? If so, what is the procedure to go to the labor court? Please give me your suggestions.

Thank you.

Regards,
Shreesha

Legal Recourse for Employment Disputes

You are not covered under the ID Act. You cannot go to the labor court. First, you should issue a legal notice or a general notice to your employer. In case there is no response, you can seek justice by going to the civil court. Alternatively, you can file a cheating case by providing all the necessary details after issuing the notice.

You are eligible for PL and you are also eligible for a 3-month salary refund. However, to become eligible for Gratuity, you need to complete 5 years of continuous service with the employer. You are advised to take a view keeping in view of the above.

Thanks,

R K Nair

A claim for gratuity cannot be filed before any forum other than the Controlling Authority appointed under Section 3 of the Payment of Gratuity Act, 1972, because the Act itself is a complete code for the subject matter of gratuity. Therefore, file a claim under Section 8 before the Controlling Authority for the area in which your institute is situated, after following the formalities prescribed in the Rules as suggested by Tushar.

For other monies due to you, as mentioned, you have to file a civil suit.

Regards

I have sent a request letter to my previous employer on 21-04-2014 by email and am waiting for his reply. If he doesn't respond to my email within 10 days, then I will send Form "I" and "Full & Final Settlement Form" to him by registered post.

Thank you,

With regards,
Shreesha

As I told you earlier, I had sent a request letter to my previous employer by email on 21-04-2014. However, he did not respond to my email and did not consider my request. Today, I have sent Form 'I' and applications for a 3-month salary refund and Earned Leave encashment by separate registered post A.D.

Thank you.

With regards,
Shreesha

Always send the hard copy of any correspondence. Sometimes the soft copy cannot be accepted in the court of law. However, you must consult a good practicing lawyer who can guide you properly in this regard.

Regards