How to raise disputes in Gratuity. Does filing form N with labour commissioner really work?
From Bahrain, Manama
Acknowledge(0)
Amend(0)
From Bahrain, Manama
Acknowledge(0)Amend(0)
Yes, it works. However, what actually works better is going to meet the Labour Commissioner personally (with all details, documents, etc.) and explaining your problem.
It is possible that your contention is wrong in the first place, and the officers will explain it to you.
From India, Mumbai
Acknowledge(0)Amend(0)
2642It is possible that your contention is wrong in the first place, and the officers will explain it to you.
From India, Mumbai
Acknowledge(0)Amend(0)
Dear Colleague,
Well said by our colleague on the clarity given. The Controlling Authority under the Payment of Gratuity Act 1972 has quasi-judicial powers to summon and call for records/evidence from the employer to find all facts of the case and then decide judicially, pass orders for remedy.
The provisions of the Payment of Gratuity Act are very clear and sound. The process followed by the Controlling Authority under the Act 1972, normally the Assistant Commissioner of Labour or Deputy Commissioner of Labour depending on the state, involves meticulous inquiry into the questions of facts and law. They pass judicial/enforceable orders on the case based on merits. They send notices/summons, call for records/witnesses, and conduct proper inquiries before deciding the case. Many cases are disposed of, providing remedies to both parties - employees or management, depending on the merit. The next course of action is to appeal in the High Court if there are still grievances. However, the case must be completed before the Controlling Authority, and their order is the basis for further actions.
In most states, the Labor Commissioners do fantastic, sincere, and meticulous work in this area, resolving many cases. In my 30-plus years of experience, I have witnessed thousands of cases settled amicably by the Controlling Authorities under the Payment of Gratuity Act 1972, who conduct fair hearings.
As suggested by our colleague, it is worth meeting the Controlling Authority of the area's jurisdiction confidently for remedy and afterward filing all relevant documents. Many times there may be errors, and managements will openly settle the gap or grievance before the Controlling Authority.
In my experience, no management intentionally deprives employees of gratuity wantonly (there may be exceptions), but there may be differences in approach or legality that the Controlling Authority might sort out on merits, solving questions of law and verifying facts too.
All the Best, God Bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Acknowledge(0)Amend(0)
Well said by our colleague on the clarity given. The Controlling Authority under the Payment of Gratuity Act 1972 has quasi-judicial powers to summon and call for records/evidence from the employer to find all facts of the case and then decide judicially, pass orders for remedy.
The provisions of the Payment of Gratuity Act are very clear and sound. The process followed by the Controlling Authority under the Act 1972, normally the Assistant Commissioner of Labour or Deputy Commissioner of Labour depending on the state, involves meticulous inquiry into the questions of facts and law. They pass judicial/enforceable orders on the case based on merits. They send notices/summons, call for records/witnesses, and conduct proper inquiries before deciding the case. Many cases are disposed of, providing remedies to both parties - employees or management, depending on the merit. The next course of action is to appeal in the High Court if there are still grievances. However, the case must be completed before the Controlling Authority, and their order is the basis for further actions.
In most states, the Labor Commissioners do fantastic, sincere, and meticulous work in this area, resolving many cases. In my 30-plus years of experience, I have witnessed thousands of cases settled amicably by the Controlling Authorities under the Payment of Gratuity Act 1972, who conduct fair hearings.
As suggested by our colleague, it is worth meeting the Controlling Authority of the area's jurisdiction confidently for remedy and afterward filing all relevant documents. Many times there may be errors, and managements will openly settle the gap or grievance before the Controlling Authority.
In my experience, no management intentionally deprives employees of gratuity wantonly (there may be exceptions), but there may be differences in approach or legality that the Controlling Authority might sort out on merits, solving questions of law and verifying facts too.
All the Best, God Bless,
Dr. P. Sivakumar
Doctor Siva Global HR
Tamil Nadu
From India, Chennai
Acknowledge(0)Amend(0)Looking for something specific? - Join & Be Part Of Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.