Gratuity Payment Missing: Can I Take Legal Action Against My Former Employer?

My name is Niranjan. I worked in a private limited company for almost 11 years in Bangalore. After my resignation in 2006, the company paid my PF and EPF cheques through ECS to my bank account after two years. The company didn't pay my gratuity at that time, and I didn't know if the gratuity was paid or not. After some time, one of my colleagues mentioned the gratuity to me, and then I immediately started asking about the gratuity orally over the phone to the concerned person (2019).

After some time, I wrote an email to the HR head office about my gratuity, and they replied to my email, providing details about my PF, EPF, and gratuity with cheque numbers and the amount they paid to me. Upon checking the details of the cheques, the gratuity cheque was missing in my bank statement. I informed the HR department that my gratuity cheque had not cleared in my account and provided an authorized signatory statement. They sent their statement showing the amount debited in the name of Niranjan. Immediately, I sent a letter to the company stating the account number in which the amount was debited, and they replied, suggesting that I might have multiple accounts, so they checked the accounts.

I replied that I had never taken any cheques from them; all the PF and EPF cheques were done through ECS by them only, and they never handed over any cheques personally to me. Despite several requests through emails, they did not respond adequately.

Subsequently, I sent a lawyer's notice to the company regarding my gratuity cheque account details, but they sent a ledger statement that only showed my name, not my account number. We repeatedly sent notices to the company, and they replied with the same statement each time. I even sent a notice to the bank, detailing the cheque number and amount as well as the account number to which it was transferred, but I have not received a reply from the bank.

Please advise on how I should proceed in this situation. Can I file a case against the company regarding my gratuity amount?

Hi, It has been approximately 18 years since your resignation.

Ensure Gratuity Payment

Firstly, ensure that you have not received the gratuity payment. If the employer provides you with a bank statement as proof showing the debited amount from their account, check all your bank accounts that you may have maintained previously but no longer have.

Applying for Gratuity

If you are certain that you have not been paid gratuity by your ex-employer, proceed to apply for it. Submit FORM 'I' along with a covering letter stating that you are not aware of the gratuity benefit, etc. Ensure that all your communications related to gratuity are sent via RPAD (Registered Post with Acknowledgement Due). If even after your request the employer maintains the same response, you can appeal before the Assistant Commissioner of Labour, the Controlling Authority. Be prepared to justify the reason for the delay in applying after so many years. You can also mention any disputes you are facing with the employer. State that you were unaware of the gratuity benefit and only began following up with the employer from 2019 onwards. If your claim is accepted by the Controlling Authority, the employer will need to prove that the payment has already been made.