NRI in Top Management Denied Gratuity After 5 Years in India: Who Can Help?

An NRI worked in India for 5 years in top management (MD) and received a salary in US dollars. Their PF account was maintained in India under the IW category. Now, the management is refusing to pay their Gratuity. To whom should we turn for assistance with this matter? Your advice will be instrumental in guiding our next steps.

An employee's last workplace determines the jurisdiction for their statutory claim. Under the Payment of Gratuity Act, 1972, the Controlling Authority is the original authority to entertain and dispose of claims relating to gratuity under the Act. Probably, the individual, being the Managing Director, would have worked at the Corporate Office of the company. Therefore, the Controlling Authority must be the Labor Department Official for the area in which the Corporate Office is situated. It is advisable to engage an advocate who can properly handle all the groundwork related to the claim and represent the case before the authority.