Stuck Without My Gratuity: How Can I Resolve This Without Legal Action?

I have worked as an Assistant Professor in a recognized institute for more than 6 years as a permanent employee. I have obtained a government job and resigned from my current position. According to the employer's procedures, I have paid almost 3 months' notice period amount and I was relieved from my duties. I have received my relieving letter and service certificate. During that time, I applied for a gratuity claim. I prepared an application form as instructed by HR and submitted it to the employer. The employer then forwarded my application to LIC, and after 3 months, they received the amount from LIC in the institute's bank account, as confirmed by HR.

It has been over a month now, but the employer has not yet paid the gratuity amount to me. I sent an email to the Registrar, but I have not received a reply. I approached the principal, who indicated that he is unable to assist. I requested a colleague to inquire, but they did not provide any explanation. I am hesitant to take legal action or file a complaint with the Assistant Labor Commissioner as I am still in the probation period of my government job. I am feeling perplexed by this situation and would appreciate any help or guidance. Thank you.

Hello, sir,

Gratuity has to be paid by the employer. Please revise your offer letter or appointment letter regarding the gratuity section. Some organizations have different policies on gratuity, but according to statutory norms, gratuity is a must.

If your organization doesn't respond, file a case against them in the labor court and wait for the hearing. The amount will be credited to your account soon.

"I am afraid to proceed with legal action or to complain to the Assistant Labor Commissioner because I am in the probation period of a government job.

Asking about your legal entitlements is appropriate. Being on probation will not make any difference. Send a letter to the college through speed post, duly drafted by a lawyer, and ask for gratuity. If they do not pay, approach the Labor Officer of the area for intervention."

You have mentioned that you have sent an email to the Registrar. Even though electronic communication is acceptable evidence under the Evidence Act, as held by the Apex Court, it is suggested you address a letter through an Advocate to the Registrar. If there is no response, you may prefer your gratuity claim before the Controlling Authority of your area appointed under The Payment of Gratuity Act.

Regards,
P.S. Lakshmanan
S. G. Management Services
(PAN INDIA Consultant – Labour Law Compliance, PF, ESI, P Tax, Benefit Management & POSH COMPLIANCE) - KOLKATA