My employer in Kolkata did not pay gratuity after 12 years of service, how do I claim it under state labour law?

Your entitlement to gratuity after 12 years of service in Kolkata arises under the central Payment of Gratuity Act read with West Bengal Premises Tenancy Act 1997, which adapts the enforcement machinery in the state. You must file an application with the Controlling Authority appointed under the Act, who will issue a notice to the employer and determine the gratuity based on your last drawn wages and the years of service. The Calcutta High Court has held that the Controlling Authority must decide the application within a reasonable time and that the employer cannot withhold gratuity on the ground of misconduct without a valid departmental inquiry. If the employer does not pay after the order, you can file a recovery application before the Labour Court or execute the certificate as arrears of land revenue under West Bengal Premises Tenancy Act 1997. Keep the appointment letter, salary slips, and the relieving letter, as they establish the length and the wage rate for the calculation of gratuity.