Gratuity Diffrence payment not received

866 votes

You should first issue a written representation or legal notice to the concerned HR/Accounts Department and the Head of the Establishment, clearly mentioning the date of retirement, date of salary revision, total arrears paid, and the pending amounts of gratuity and leave encashment due to the revised pay structure. Mention that as per the Gratuity Act, any unpaid balance attracts interest from the date it became payable (i.e., your retirement date or agreement registration date, whichever is later) till actual payment. If the employer fails to respond or settle within 15 days, you may lodge a formal complaint before the Controlling Authority (Labour Officer/Assistant Commissioner under the Gratuity Act) for your region. Simultaneously, if your organization is government or public-sector controlled, you can also seek intervention through the Labour Commissioner or the Industrial Court for recovery. For the encashment component, if covered under the settlement or wage agreement, that amount too can be claimed with interest under the Payment of Wages Act or Industrial Disputes framework.

Advocate Sanil Sarkar LawRato

516 votes

Well, you need to serve a Legal Notice to your Ex Employer, that is, Bank. If things get sorted by sending Legal Notice, well and good, if not, you will end up filing a case in the concerned City Civil Court.

Advocate Pankaj Bajaj LawRato