Gratuity - Employer conveyed to me that as we received from LIC - But i don't have any LIC policy as such

Rashmi agesh
I was working in a private company from last 6 years and comes under ESIC. My date of appointment in the company was 19/10/2011 and left the company on 09 July 2018. I asked for gratuity from my company as my service period is 6 years & 7 months. Employer conveyed to me that as we received from LIC we will give you. But i don't have any LIC policy as such. And before this reply I approach many times for gratuity. They are simply manipulating me. I even drop e-mails they didn't responded me yet for my gratuity. As i approached the HR of our Head office he told me that when the director gives instructions they will release the gratuity.
So what to do kindly suggest -
1. What to do ?
2. Suggest me for legal action to be taken, if any?
They are doing same with every employee, so suggest me some proper solution so that no one will get harass.
Looking for positive replies.
Srinath Sai Ram
Please approach Jurisdictional Controlling Authority/Assistant Labour Commissioner & submit your claim for gratuity together with 10% Interest Per Annum for belated payment with all relevant Documents
Rashmi agesh
Thank you Srinath Sir..
But before this -
Is anything else i can do ???
Otherwise my last option will be this only.
Srinath Sai Ram
You have already approached your Employer.But your Gratuity Amount has not been paid till date.Normally payment to be made within 1 Month from the date of relieving from Service.But, this has not been done.Hence, better to submit your claim for speedy disposal
vmlakshminarayanan
Hi Rashmi,
As per your statement, it seems your employer has tie up with LIC under Group Gratuity scheme. That is what they have told you that they are awaiting cheque from LIC which you have mistook they are asking LIC policy from you.
If they have really had tie up with LIC under Group Gratuity scheme and have paid premium regularly they should have cleared your Gratuity quick.
Now that as it is nearing one year, better you take the matter legally with the Assistant commissioner of Labour of your region. Attach all the copies of email correspondence as a proof. Your employer cannot evade further.
Rashmi agesh
Thanks to V.M.Lakshminarayanan Sir & Srinath Sir
ravi5554
Dear Friend,
May be your company having the gratuity account with LIC, so may they getting delay from LIC to get credit amount in their trust account, in my opinion wait for some time for the claim.
No need that you should have a policy to claim the gratuity, once the amount approved by LIC then your company will pay you amount by cheque.
If you are thinking that management is deliberately doing this with everyone, then come forward and teach them a lesson for the welfare of others.
vmlakshminarayanan
Hi Ravi,
As per Rashmi, she got relieved on 9.7.2018. It is almost nearing one year. LIC will not take this much time, provided if they have cleared premium up to date. Most probably employer might have recd the amount from LIC to their account and failed to disburse it or doesn't want to settle.
sukhpal-kumar
Hi Rashmi,
Please file legally application in the office Assistant labour commissioner , in your area with all proofs and documents. you should go quick processor after a month. definitely you will got soon your gratuity.
regards
Rashmi agesh
Hello Sir,
Kindly suggest me the action to be taken to release my gratuity amount.
PFA - Trailing mail information (where I gave gentle reminder for gratuity to my ex-manager)
Thanks & Best Regards
Rashmi
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