After service of more than 14 years I resigned my job in a private company on Feb 2015. Its Private limited company (basically owned by a single person) & and currently working sick. For the last two years I have been struggling for the gratuity benefit which still is pending & not resolved. I was told that the issue shall be settled once the financial crisis of the company is resolved but that seems to be a remote option. The relieving letters and experience certificates are all on positive notes and is with me. In this scenario kindly advise the legal proceedings.
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
Issue notice to employer to pay you gratuity
2) if company refuses to pay you can file claim before the Controlling Authority under the Payment of Gratuity Act within the area, your employer's establishment is situated or where you were working at the time of termination.
Right away send a legal notice to the employer. Even thereafter if the company refuses to settle the claim raised the dispute before the Controlling Authority as per the provisions of Payment of Gratuity Act.
Though usually claims are settled after serving the legal notice. Let me know if I can be of any help to serve the Legal Notice.
Regards
gratuity is your property [jitendra kumar vs state of jharkhand] and you have right to take it even your company is been sick. you should file a case before the labour tribunal for that relief.
Send a legal notice for forthwith disbursement of the payment towards gratuity. In case the legal notice fails to help, you'll have to take a legal recourse
Is there any time period to settle the claim once the suit is filed? Can I ask the amount including interest for the period since it exceeded 2.5 years?
disposal of suit depends upon pendency of cases filed in court .
2) no time limit for disposal
3) you can seek interest for delay in making payment
you are entitled to get interest on the amount right from the date of your request to transfer gratuity. if you have filed suit court is empowered to grant interest [ u/s 34 CPC ] in the decree from the date of demand to the date of payment.
For payment of gratuity if the company is not responding then you may issue a legal demand notice for the same.
This can be followed by filing a recovery suit or to lodge a complaint with the Commissioner for gratuity payments or to file a winding up petition.
A winding up order is a Court order that forces an insolvent company into compulsory liquidation – a process in which the Court appoints an Official Receiver (OR) to liquidate all of the company's assets in order to repay creditors.
Is there any time period to settle the claim once the suit is filed? Can I ask the amount including interest for the period since it exceeded 2.5 years?
The amount sought to be settled by defendant if the court verdict is against him and he is not preferring an appeal against it .
You can ask or interest in delayed payment.
You can ask for interest till the amount is relieved, there is no time period for deciding the same.
Regards