Company Is Not Paying Gratuity

I worked for a company in Coimbatore (Senas.Net P Ltd) for 6 Years and 8 months.
I got relieved from the company on December 24th 2013. They said they don't have the gratuity scheme registered with the company.
I sent a Payment of Gratuity (Central) Rules FORM ‘I’ to the employer 45 days before, but still there is no response.
Please advise how can I proceed further or how to send the "Form N" Application for Direction via the controlling authority.
Thanks in advance.

You can make a claim petition before the Controlling Authority under POG Act ,having jurisdiction over the area where you were working.Go to the nearest labor office to know the Controlling authority.
There is no need of Co registering for Gratuity.
Varghese Mathew
09961266966

Thanks a lot for the reply..
I'm in Bangalore right now., So I need to go to the Coimbatore Labour office and sue the claim petition., rite?
Jayaprakash
+91 74061 17171

Yes Jayaprakash. A period 90 days may be prescribed under Tamilnadu gratuity rules ,within which you have to make claim before the controlling authority.If that period of limitation is over you have to show sufficient cause for the delay.
Varghese Mathew
09961266966

Dear Sir,
No any company consisting more than 10 men can deny the payment of wages. The payment of wages Act is clear in providing such facility to the eligible employees. A company which is falling under Factories Act or Shops & Establishments Act should avail the facility to the welfare of their employees.
There are some reasons the Employer can deny the Gratuity to the employees are,
Any valid Show cause or any other kind of employer's enquiry proceeded against the applicant (when in service).

Any other reason for the employer about the service of employee feeling it as Nullity?
When there is no any other specific Negative remark on the employee, and the Gratuity too denied,
The Applicant has to complain with the concerned Labour officers / Inspectors / Commissioner of labour (Central).
through the complaint lodged, they can complain with the District collector to get his rights on Gratuity.

Sir,
There is no such remarks on me. Most of the employees in the company won't sustain in service for more than 5 years. Only few of them. I'm one among them.
The company is a PVT limited and there are around 50-60 people working now. I think I'm the first one to opt for the gratuity from the employer. I never heard that the company paid gratuity to any of the employees during my service.
If anybody knows what are the procedure to be done on the labour comissioners office, that would be helpful. I'm having all the valid documents like my appointment order, experience certificate and service letter.
Thanks in advance.

Dear Jp.Aspm,
It seems to me that you have submitted the Form I to wrong authority. Competent Authority to you is State Govt. and not Central.

Hello,

My company reduced the Basic pay from 32,274/- to 13,167/- for the last two months. The have splitted the basic pay to allowences like (Special Allowance, Medical Allowance, Personal Allowance and Food Allowance).

Now while calculating the gratuity, the total gratuity amount is now reduced to half.

Is this possible to reduce the basic pay like this?. Please advise.

Plesae find the previous and current pay details:

Until October 2013

---------------------------

Basic - 32274.00

HRA - 14,901.00

Conveyance - 4036.00

PF(Mgmt) - 780.00

For November and December 2013

--------------------------------------------------

Basic - 13,167.00

HRA - 7900.00

Conveyance - 3950.00

Special Allowance - 10534.00

Personal Allowance - 8427.00

Food Allowance - 3292.00

PF(Mgmt) - 780.00

So the total for both of them is 52,000/- But the basic is reduced.

The Act do not prohibit such reduction of wages as in EPF Act.But the intention of the legislature as seen from Sec 4 (4) of the POG Act is not that.
Varghese Mathew
09961266966

So how should I calculate the Gratuity now?. The total gratuity amount until October is around 1,30,000 and If I calculate with the last drawn basic pay, its only 60,000.
The company is saying that they have reviced the pay structure.