Gratuity Not Ready To Pay By My Current Employer

I have joined one of the IT company in bangalore and worked for 8 Years then the company transfer me to other department(Online Production) after that the department become seprate company. I have not received any experience certificate and gratuity payment from my first company. I working the online system another 3 years.

Now i resigned the job. But current HR says he can able to give only 3 years experience certificate and gratuity for me balance year he will try to speak to the head office company and possible he will organize or else ask me to speak the first company(Head Office) Directly.

I have resigned with buyout and ready to pay one month salary as well. Now HR is given resignation letter for last 3 years only and no experience and resignation acceptance letter for the company i worked 8 years. Also he says gratuity may paid for 8 years from my earlier company basic salary and 3 years from current basic salary. And the amount will adjusted as my buyout payment. So i have working last 11 years but not going to receive any gratuity payment. Buyout is ok for me but he is not ready to give any calculation details. What should i need to do? could you please guide me.

Thanks
Senthil

If company is adamant,then approach labour commissioner of the area for redressal.
It appears to be a clever way of avoiding gratuity payments.

You can lodge a complaint and also a pettition before Payment of Gratuity authority who is normally the Local Dy Commissioner of labour.
From the facts given by you, it appears you have a good case to represent
T Sivasankaran

Dear Senthil,

If your version is factually correct, you can file your claim for gratuity against both the companies consequent on your resignation of late.

(a) When the " On line production Department " to which you were transferred " became a separate company" as mentioned in your post there should be an agreement between the earlier company and the new one simply carved out of the " on line department " of the earlier one inter alia regarding the services of the existing employees working therein including yourself. In the absence of any such clause of agreement regarding the services of the existing employees as well as issuance of fresh appointment orders by the newly formed Company, the new company has to bear their service liability as successor-in-interest.

(b) The continuous stretch of 11 years of your service under both the companies entitles computation of your gratuity based on the last-drawn salary only and not on the split-up basis suggested by the HR gentleman. When he disowns the liability for the earlier 8 years, how can he come forward with the sanction of gratuity for just a 3 years of service rendered in the new establishment? It is not due to ignorance of law but a cunning act of dilly-dallying to frustrate your lawful claim.

(c) The amount of gratuity payable under the Payment of Gratuity Act,1972 can not be a part of any buy-out deal for notice period.

Better consult an experienced Advocate and issue simultaneous legal notice as well as notice for claim of gratuity to both the companies.

Dear sir
Thank you so much for your valuable information's. Company says will discuss and confirm me the payment balance details after 45 days so another 15 days is available.
As of now i have received only current company (relieving letter) for recent 3 years balance years relieving and complete experience certificate not yet received. Mean while i have joined another IT company and currently working.
This fear this should not create any problem in my careers.
Thanks
R.Senthil

Dear sir
My company still not giving any commitment on gravity payment. Could you please explain me below clarifications.
1. If i go to consumer court will my experience and service certificate be hold by company.
2. what will be the lawyer fee approximately.
Thanks
Senthil

1. Consumer Forum is not the appropriate forum to claim gratuity. You have to claim gratuity, first by claiming before the employer through FORM I and if they fail to pay, then vide FORM N before the controlling authority appointed under the payment of gratuity act. There is no relation between holding of certificates and approaching any court. A company cannot legally keep any documents of yours in their possession.
2. It is difficult to state the fees but it is a time consuming procedure ( 2 years approx) with plenty of hearings, petitions, rejoinders, examination on affidavits, cross examination, notes of arguments etc.
Visit my blog www.labourlawhub.com for more information.