Sir, I worked for IT - MNC firm till November 2008. (I was working for the same company for eleven-years, US and India, in this case, In India, I can only claim Gratuity for continuously working period for 4Years 10Months) During recession in 2008, I was asked to submit resignation letter so that I would get 3months notice period payment alongwith ex-gratia amount. In my relieving account final statement It stated Payment in lieu of Notice period and Ex-Gratia amount separately shown and paid to me in complete. If the Gratuity Payment mentioned in the Account Final Statement, I would be eligible for TAX rebate as per the provisions of Income-Tax.
It's almost 11 years now, while checking/tax auditing, I found that my offer letter included Gratuity in my CTC as per Gratuity Act 1972.
However, I was not paid Gratuity till date and I was not aware of it. Very recently I submitted letter to firm inquiring about payment of Gratuity if it was paid to me earlier for which no response received. After 1month also, I submitted FORM-I along with copy of the offer letter & relieving statement requesting them to release Gratuity as per the Offer Letter. However till date no response from the firm side.
While checking thru this site and various courts orders I found that It's a responsibility of the Employer to make Gratuity Payment or indicate denial of Gratuity for whatever the reasons within the period so specified.
Please let me know If this case can stand and should I approach Dy. Commissioner of Labor with complete details request.
It's almost 11 years now, while checking/tax auditing, I found that my offer letter included Gratuity in my CTC as per Gratuity Act 1972.
However, I was not paid Gratuity till date and I was not aware of it. Very recently I submitted letter to firm inquiring about payment of Gratuity if it was paid to me earlier for which no response received. After 1month also, I submitted FORM-I along with copy of the offer letter & relieving statement requesting them to release Gratuity as per the Offer Letter. However till date no response from the firm side.
While checking thru this site and various courts orders I found that It's a responsibility of the Employer to make Gratuity Payment or indicate denial of Gratuity for whatever the reasons within the period so specified.
Please let me know If this case can stand and should I approach Dy. Commissioner of Labor with complete details request.