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Labour Law And Resignation Protocol


22-Jul-2026 (In Corporate Law)
I have worked from 2005 to 2022 in govt firm. The company has still not cleared my dues and there is no reply from them. My gratuity is still pending. How to deal with it.
Answers (5)

Answer #1
720 votes
Sir, you need to file a case in the central government industrial tribunal for the back wages, gratuity and of course compensation. However, in order to ascertain whether your case falls within the limitation period, we need to go through the intricacies of your matter in detail.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRato Delhi | 700+ Answers
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Answer #2
709 votes
We need to send a representation to them for seeking the legitimate dues of your along with the outstanding gratuity. However, if they fail to redress your grievances, we will have to file Writ Petition before the High Court for seeking such reliefs
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Advocate Alankrit Bhatnagar 

Adv. Alankrit Bhatnagar 

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Answer #3
613 votes
Hi there, in this situation you shall begin with sending a formal Legal Notice for settlement of the issues and further state that you'll be initiating a recovery suit against them. Post that you shall begin with filing of the recovery suit alternatively you can also file a complaint with the labour commission. It's advisable to contact me and provide more information about the matter to assist you better.
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Advocate Ishan Parashar

Adv. Ishan Parashar

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Answer #4
658 votes
You may connect and seek a detailed legal consultation from a lawyer. So far as your legitimate dues are concerned that can be revovered by initiating recovery proceedings. For statutory dues such as gratuity you need to file a complaint before the concerned authority .
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #5
976 votes
Since you worked 2005–2022 (17 years), you’re clearly entitled to gratuity. Gratuity claims are now governed by the Code on Social Security, 2020 (which replaced the Payment of Gratuity Act), read with the Code on Wages, 2019 for wage computation — basic wages must be at least 50% of CTC, which may increase your payout.  Send a written legal notice to your employer demanding payment of gratuity plus interest for the delay. If unresolved, file a claim before the Controlling Authority under the Social Security Code (local Labour Commissioner), who can order payment with interest and enforce recovery. Consult a local labour lawyer to confirm current filing procedures, as state rules are still being finalized.
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Advocate Nidhi Mathur

Adv. Nidhi Mathur

LawRatoDelhi | 50+ Answers
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