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Company not releasing my dues. Unfair appointment letter. What to do?
11-Mar-2023 (In Labour & Service Law)
My company is not releasing my Full and Final including my PF, gratuity and other dues. I was working with them as Sr. Executive Admin since 6 years and resigned in Nov 2013 by giving them a month's notice as against 3 months mentioned in my appointment letter.
I also gave them an option to buy out the 2 months' short notice given by me, but they are not responding to my emails, and are not releasing my dues wherein all resignation formalities have been done by me.
The appointment letter was unfair also where the company can give a month's notice to terminate but not the employee.
Please help.
The course of recovery of your employment dues depends on the nature of job you were rendering. If it was clerical in nature, the Industrial Disputes Act would be applicable and you can get the desired relief in the labour court. You can file your complaint for financial dues as well as for gratuity. But in case of PF, you have to move the prescribed application before the concerned PF office authorities and in case of no action by them, you may write in to the PF commissioner stating your woes and inaction by the concerned authorities.
On the other hand, if your job was of a supervisory nature, you have to give a Legal Notice to the management for payment of financial dues, which include salary arrears, gratuity, leave encashment etc. If the management does not respond positively or does not pay in the stipulated time of 15 days, you may file a Civil suit for recovery of financial dues in the relevant Civil court by paying the relevant court fee.
Coming to the fault on your part regarding giving a months notice instead of three, the same shall be raised by the Company during the court proceedings and there you can prove that you were willing to buy out the 2 month's short notice given by you (i.e. pay off the salary of 2 months).
In this case as well, the remedy to get your PF amount will be the same as mentioned above.
Another option to avail your Gratuity is by sending an application to your employer via Form I (as per Payment of Gratuity Act, 1972) wherein in case your employer does not accept your request, they would have to reply via Form M - Notice rejecting claim for payment of gratuity by assigning the specified reason for rejection thereof and submit a copy of rejection to the Gratuity office. In such a case, the Gratuity officials would send you a Summon via Form P to establish your claim and once this is done, they would direct your employer via Form S to pay the eligible Gratuity amount to you.
These Gratuity claim forms are available at the following link:
http://www.delhi.gov.in/wps/wcm/connect/doit_labour/Labour/Home/Acts+Implemented/Details+of+the+Acts+Implemented/The+Payment+of+Gratuity+1972/Forms/
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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