Gratuity dispute

Question

► I was employed at a company for a period exceeding 4 years and 190 days, operating on a five-day work week model. Upon my departure from the organization, the company declined to disburse my gratuity, asserting that I had not completed the requisite five years of service. Subsequently, I escalated this matter through the Samadhan portal to the labor commissioner's office. A year later, the labor commissioner's office ruled in my favor, instructing the employer to remit the due amount along with 10% interest within one month of the order's issuance. Despite this directive, the company remains unwilling to comply and intends to appeal the decision to a higher court. I am now seeking guidance on my next course of action.

Answer 1

Dear Client,

I understand your legal issue, and based on this, I suggest that you do not be intimidated by the authority's threat to appeal to a higher court, as the law is on your side.

During this one month, you can check with the Labour Commissioner's office whether the gratuity amount has been deposited or not, or check for any appeals.

You also have the option of filing a caveat application so that no order can be passed against you without you being informed.

In case the time window has expired, then you can file an application under Section 8 of the Gratuity Act to the Controlling Authority and then request the authority to issue the Recovery Certificate to the DM/Collector to collect the gratuity along with 10% interest from the employer.

Later, you can claim your funds from the concerned authorities.

Hope this answer helps!

If you require detailed legal advice, discussion of your documents, or guidance regarding the further legal course of action, you may opt for a one-to-one consultation.

OLQ LAW FIRM

Gratuity dispute

1 Answer