I am a medical doctor who worked as a university teaching faculty in a private medical college for a duration of 9 years from 2011 to 2020. I resigned of my own accord after a toxic gas leak accident that made my very sick (and which I suspect was deliberately planned by some acrimonious colleagues).I do have a record of the e mail I sent to the MD regarding the accident at work. I do not however have any medical certificate regarding my sickness nor did i take any action against this. I did not get any response for the same e mail sent to the MD and was denied any appointment to meet him. I resigned shortly after. I was a Professor at the time drawing a salary of 1.6 lakh of which 80 k was the basic pay . My experience certificate describes my work and conduct to be 'very good'. I applied for gratuity (on plain paper, not on the prescribed form) on the day of resignation. I took a picture of the number date entry in the department office record register and have the picture saved in my mobile which I hope would be some evidence that I did apply for gratuity on the said date. However I did not take a receiving when i handed over my application at the MD office. Neither did I follow it up in the coming month due to my own ill health and the covid pandemic which was at its peak at the time. This year, roughly 1.5 years after my date of gratuity application, I made multiple visits to the HR department of my previous workplace. . I also wrote a few e mails regarding the same.. Despite my efforts they released neither my pending salary arrears nor my gratuity. I do have record of payslips and salary credited to my salary account. 1. I would like to know how strong my case is for getting gratuity and my arrears 2. How much time is prescribed/suggested for the employer to release the dues . 3. Whether i would be eligible for compensation for the accident at work. I only have the e mail that I sent the MD and no medical certificate regarding illness at the time. Whether it would be worth it applying for compensation or if it would unnecessarily prolong the case. 4. If the employer does not release the gratuity and arrear salary in the time provided, and the case goes to labour court , how long would cases like mine usually take for the verdict. My case is likely to go to Noida labour court as per location of the workplace. Do courts have a prescribed timeline within which case should be closed 5. Can i ask for interest on the gratuity and dues from the date it should have been released. 6 What is the latest recommended formula for gratuity calculation 7. Does the gratuity formula include dearness allowance in private sector, no such allowance is mentioned in the salary slip. we have only HRA and "Special allowance" mentioned. 8. Even if i do not ask for compensation, does my accident at the workplace make a stronger case for gratuity
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Dear client, your case is a very strong one.
If you have been denied gratuity payment by your employer, you can file a complaint under Section 8 of the act, against the company. The controlling authority, on hearing both sides, if satisfied with the employee's stance, can direct the employer to pay the gratuity that is due along with the interest on it.
You have good case on merits
2) you should be entitled to gratuity and salary arrears
3) you would not get any compensation as there is no evidence in form of medical certificate
4) it would un necessarily prolong the case
5) you are entitled to interest for delay in making payment
1. You issue a legal notice demanding them and then follow it by filing a suit for recovery of arrears of salary.
2. There's no time limit but he has to settle the dues immediately within reasonable time.
3. You don't have any evidence for the evidence that took place long ago and your email is not a substantial evidence.
4. You can approach the commissioner for gratuity payment for settlement of your gratuity and not the labour court directly.
5. Yes, you can.
6. It is 15 × last drawn salary ×working tenure/30.
7. Gratuity= average basic salary (basic +DA)
8. Gratuity payment has nothing to do with the compensation for accident.
You have strong case to get it. Da is included
If after legal notice your company doesn't pay then file a case before labour court
