Failure to pay gratuity
Hi All – I filed a case with the Labour commissioner of Bangalore against my ex employer for non-payment of gratuity even after 6 months of leaving the company. I have submitted all necessary documents (attested) and the commissioner office has accepted the same. I was given a date to attend the hearing and the same to my employer. But my employer did not turn up for the hearing and the commissioner decided to hear my case. He also agreed that I am eligible for interest for the delay and gave us another date to attend. My questions are –
1. What happens if my employer do not come for the hearing for the second time?
2. How many notices will be sent before they make a final decision?
3. Is there any specific thing I should request the commissioner to do?
4. Is there a way my ex employer can withheld my gratuity even after the notices?
5. What is the worst and best case scenario that can happen?
6. How long does these kind of cases get dragged (timeline)?
I also got to know later that this company is a habitual offender when it comes to gratuity. To my utter surprise they have not cleared gratuity for people who have resigned in 2016 and 2017 by citing some of their draconian policies like Non-Competitive agreements violations, No gratuity amount added in annexure and what not. Employees do not go against the company thinking they will be in trouble but few did and got their gratuity is what i heard. When I filed the case and they got the first notice they offered me half of the amount and asked me to take the case back which I refused to accept and proceeded with my hearing.
Please advise out of your experience what’s best the commissioner’s office can do to help me in this situation.