My name is Niranjan worked in pvt ltd company for almost 11 yrs in Bangalore. after my resignation in 2006 after two years the company paid my pf and epf cheques through ecs to my bank account . the company didn't pay my gratuity at that time and i didn't know about the gratuity paid or not . after some time one of my colleague mentioned about the gratuity and then immediately i started asking about gratuity orally in phone to concern person (2019).
After some time, I wrote a mail to HR head office about my gratuity , and they replied to my mail and gave details about my pdf, pf and gratuity with cheque numbers and the amount they paid to me . After i checked details about cheques in that gratuity cheque was missing in my bank statement , same thing mentioned to HR department that my gratuity cheque not cleared in my account i sent with authorized signatory statement . They sent their statement showing the amount debited in the name of Niranjan; immediately, I sent a letter to the company saying the in which account number the amount debited , and they replied, saying I might have multiple accounts, so they checked the accounts they replied . i replied i never taken any cheques from you ,all the pf and epf cheques ECS done by you only , you never handed over any cheques personally to me. After several requests through mails they never responded properly.
Then, I sent a lawyer notice to the company about my gratuity cheque account details, but they sent a ledger statement that shows only my name, not my account number. We repeatedly sent notices to the company; they replied with the same statement only. Even I sent notice to the bank, also saying this cheque number and amount, which account number was transferred, but I have not received a reply from the bank.
Please let me know how do i proceed in this situation? Can i file case on the company about my gratuity amount ?
After some time, I wrote a mail to HR head office about my gratuity , and they replied to my mail and gave details about my pdf, pf and gratuity with cheque numbers and the amount they paid to me . After i checked details about cheques in that gratuity cheque was missing in my bank statement , same thing mentioned to HR department that my gratuity cheque not cleared in my account i sent with authorized signatory statement . They sent their statement showing the amount debited in the name of Niranjan; immediately, I sent a letter to the company saying the in which account number the amount debited , and they replied, saying I might have multiple accounts, so they checked the accounts they replied . i replied i never taken any cheques from you ,all the pf and epf cheques ECS done by you only , you never handed over any cheques personally to me. After several requests through mails they never responded properly.
Then, I sent a lawyer notice to the company about my gratuity cheque account details, but they sent a ledger statement that shows only my name, not my account number. We repeatedly sent notices to the company; they replied with the same statement only. Even I sent notice to the bank, also saying this cheque number and amount, which account number was transferred, but I have not received a reply from the bank.
Please let me know how do i proceed in this situation? Can i file case on the company about my gratuity amount ?
Hi,
It is more or less 18 years now from the year of your resignation.
First of all you ensure that Gratuity payment is not received by you. As the employer is providing you Bank statement as proof showing the debited amount from their account you need to check all your Bank account which you might maintained earlier but not now.
If you are very sure that Gratuity is not paid by your ex-employer then apply for the same. Submit FORM 'I' along with covering letter stating that you are not aware of Gratuity benefit etc. Ensure that your communications related to Gratuity are through RPAD (Registered Post with Acknowledgement Due). Even after the request if the Employer still maintain the same reply then you can appeal before the Assistant Commissioner of Labour the Controlling Authority. You need to justify the reason for delay in apply after very long years. You may also share about the dispute you are facing with the Employer. You may state that you are ignorant about the Gratuity benefit and started following up with the Employer from 2019 onwards only. If accepted by the Controlling Authority then Employer need to prove that payment is already made.
From India, Madras
942It is more or less 18 years now from the year of your resignation.
First of all you ensure that Gratuity payment is not received by you. As the employer is providing you Bank statement as proof showing the debited amount from their account you need to check all your Bank account which you might maintained earlier but not now.
If you are very sure that Gratuity is not paid by your ex-employer then apply for the same. Submit FORM 'I' along with covering letter stating that you are not aware of Gratuity benefit etc. Ensure that your communications related to Gratuity are through RPAD (Registered Post with Acknowledgement Due). Even after the request if the Employer still maintain the same reply then you can appeal before the Assistant Commissioner of Labour the Controlling Authority. You need to justify the reason for delay in apply after very long years. You may also share about the dispute you are facing with the Employer. You may state that you are ignorant about the Gratuity benefit and started following up with the Employer from 2019 onwards only. If accepted by the Controlling Authority then Employer need to prove that payment is already made.
From India, Madras
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