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Author Topic: Non-Payment of Gratuity ( Next Step?)  (Read 153 times)

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Offline roy

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Non-Payment of Gratuity ( Next Step?)
« on: December 05, 2016, 09:38:07 PM »
Steps followed so far, after layoff:
Number of days worked: 4 years 237 days. I was in IT and the company had 5 working days.

1) Sent employer form "I" claiming gratuity, annexure in Payment of Gratuity Act 1972. Sent email reminders, no response for 2 months. (Registered post, received acknowledgement)
2) Sent form "N" to Assistant Labor Commissioner of designated area, no reply or any change after a month of receiving application.(Registered post, received acknowledgement)

What should I do next?

Wait for reply from Labor Commissioner? If yes for how long? If no, should i file an RTI to Labour department of the respective region?

Or

Should I file a case in Labour Court in Karnataka? If yes how to go about it? Do I need to hire a lawyer?

Or

Should I file a case in Consumer Court? If yes how to go about it and is there a need to hire a lawyer?



Offline riteshmaity

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Re: Non-Payment of Gratuity ( Next Step?)
« Reply #1 on: December 07, 2016, 06:11:56 AM »
REPLY IN BOLD

What should I do next?

Wait for reply from Labor Commissioner? If yes for how long? If no, should i file an RTI to Labour department of the respective region?
Labour Commissioner will send a notice to both parties intimating the next date of hearing. There is no fixed time frame for sending such notice. It is totally administrative work. But you can personally visit the labour office and enquiry the exact status of your case and even 'convince' them to send notice at the earliest. First do this step and thereafter you can go to the RTI route.

Or

Should I file a case in Labour Court in Karnataka? If yes how to go about it? Do I need to hire a lawyer?
Since you have already filed the case through FORM N, there is no need to file further. Labour courts generally do not have jurisdiction to hear gratuity cases unless otherwise provided. Under the gratuity act, controlling authority (ALC) have been vested with the power to hear gratuity matters. Whether you will hire a lawyer or not, is entirely upto your requirement and financial ability. But lawyers can be hired to defend your case even before controlling authority too. Even if you appear in person, it is suggested that you get the drafting done by a lawyer.

Or

Should I file a case in Consumer Court? If yes how to go about it and is there a need to hire a lawyer?
You are not a consumer. Consumer forum does not have any jurisdiction and payment of gratuity act has provided a special authority to hear such matter.
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