Legal Question in Employment Law in India

A workman was removed from service in 2009 with all retirement benefits.The employer has not paid him gratuity till now. The employer did not send any claim form to the workman.
The workman has decided to approach for the legal action against the employer ?
1. Which types of remedies available to the workman ?
2. Whether any punishment provision is there in law ?
3. Whether the workman is entitle to claim interest on due amount of gratuity ?
4. Whether the workman can claim compensation on due amount of gratuity ?

Asked on 2/09/14, 4:55 am

Fca Prashant Chavan Expert Edge LLP

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09.02.2014

Dear Sir / Madam,

If the terms of appointment provide for Gratuity payable by the employer, and if the employer fails to pay the gratuity :

1. the aggrieved worker can file a complaint with the Labour Commissioner.

2. failure to settle wages and all dues is a punishable offence.

3. Yes, the workman is entitled to claim interest on the gratuity for the entire period of delay.

4. Yes, the workman can also claim compensation from the employer as per the Gratuity Act.

Regards,

Answered on 2/09/14, 6:05 am

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