gratuity case being not heard.

1 year ago

After completion of 20 years of service, I opted for VRS from a semi-govt organization, Mumbai Port Trust, coming under surface transport ministry in Apr 2018. I come under Payment of gratuity Act, 1972. While paying the gratuity, the employer calculated the gratuity payable to me by dividing my Monthly wage/rate of pay by 31, instead of dividing it by 26 as per the Act and the 1980 Judgment of the Hon. SC. As the account dept officials refused to pay accordingly, I filed complaint in Form N with ALC-III, Mumbai in Apr 2019, after doing follow up with the employer on my own. Both the employer and I were asked to submit written statements which we did. From Mar 2020 to oct 2021, no hearing could take place because of corona restrictions. Thereafter, I again started doing follow up, finally I was given date on 23 April 2022 and asked to file Affidavit. Accordingly, I filed Affidavit stating facts and attaching documents like Wage slip, service record, judgments, on 7th June 2022. By that time, a new ALC was posted and the employer also arranged one of its lawyer company. Now till today i.e. 07 Mar 23, not a single hearing has taken place, I am being given only dates of around 90 days period. The ALC is usually absent on the dates or shown to be busy for some other work. The respondent's lawyer is only coming and always saying that we will have to take a new date. No representative from employer's side is appearing. I know it well that the whole labour commissioner's dept is corrupt. The legal firm of the employer is adept at bribing and they know how to manipulate the system. the employer's account dept officials are trying to suppress this matter, as it is not only me, but several thousands (around 33000) of employees whose gratuity is calculated wrongly since last many years. I had done follow up with the Union, but they are also acting hand in glove with the Accounts dept officials. What do i do now?