vmlakshminarayanan
948

Hi,

Understood. As you submitted all documents with ACL office you need to follow with them only. As already indicated.. employer might had took some time with ACL office. So be on constant touch with ACL office. Hopefully you will get the amount from the Employer.

From India, Madras
creativebit
Respected All,
Namaskar,
in light of our discussions,
I wish to inform you that the ACL issued a show-cause notice to the employer.

I want to know, what are the options still available with the employer to delay or deny the gratuity..?

From India, Chandigarh
Pocket HRMS
8

1. Send a reminder to your employer. In your reminder, you should state that the Assistant Labour Commissioner has instructed them to pay you your gratuity with interest, and that you are still waiting for payment. You should also set a deadline for payment, and state that you will take further action if you do not receive payment by that date.

2. File a complaint with the Assistant Labour Commissioner. If you do not receive payment by the deadline you set, you can file a complaint with the Assistant Labour Commissioner. The Assistant Labour Commissioner will investigate your complaint and may order your employer to pay you your gratuity with interest.

3. File a lawsuit against your employer. If the Assistant Labour Commissioner does not order your employer to pay you your gratuity, you can file a lawsuit against your employer. You will need to hire an attorney to represent you in court.

Here are some lawyers in Chandigarh who can help you with your gratuity case:

Sunil Kumar Sahore Advocate
Adv. Mukul Goyal
Naresh Mehta & Associates
JusIP (Advocates & consultant)
AK Gupta & Associates

I hope this helps!

From India, Dombivali
creativebit
@POCKET HRMS Thanks for your reply.
From India, Chandigarh
rkn61
625

@Creativebit,

As Employer have been issued a show cause notice by Asst. Commisssioner of Labour,
your case is on the right track. Follow up with Labour Department, whether Employer submitted their explanation for delay in compliance, and ascertain whether ACL has issued any further directive to Employer Company.

From India, Aizawl
KK!HR
1534

Where the gratuity remains unpaid, as per the PGA 1972, on the application of the claimant, the ALC can issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto. (Section 8 of the Act).
So, the issue of notice to the employer is the first step before issuing a certificate to the collector to start the revenue recovery proceedings. Pl check whether the employer is still running or facing BIFR/.liquidation proceedings. Try to collect information on the assets (both movable & immovable) of the employer so that when it goes to the Collector you can readily give the list of items to be attached.

From India, Mumbai
creativebit
Respected All,
Namaskar,
This query is in reference to my previous posts,
Still, no progress is seen in my case. Whenever I called the commissioner, sir, he simply replied, We are working on your case."
A show cause notice was issued to the employer with a time period of 7 days to reply, Which has now crossed 45 days.

I just want to know what other options are left for me to appeal.
A total of two Years have been completed as of today.

From India, Chandigarh
rkn61
625

Please make out an application to your ex-employer, attaching a copy of Order issued by
Labour Commissioner, (which may be sent to them by RPAD post) and mark a copy to LC
and personally hand over to LC's Office (if possible try to meet him and explain the situation in person. Please avoid calling commissioner on phone.

From India, Aizawl
creativebit
Respected All,
Good Morning,
In addition to my previous post regarding the Gratuity case,
The Labour Commissioner's office has issued a letter to DC/DM for the recovery of said amount from the employer on August 10, 2023
But to date, no further information has been received from the DM/DC office. When I visited the office, it was said the notice of appearance had been issued to the employer.
I just want to know the actual proceeding time for this recovery, as the respected DM office has not confirmed any deadline for this.

From India, Chandigarh
rkn61
625

As Labour Commissioner's office has issued instruction to DC/DM's office, for recovery of your gratuity amount from your employer, now, you do not have to follow up further with DC office or LC office.
It will take its own course of time for recovery. Now it is your employer's call.

From India, Aizawl
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