Payment of gratuity.
ASRUJ@aratrika
(Querist) 28 September 2016
This query is : Resolved
Dear Sir/s,
Greetings of the day.
I have few query as listed below in connection with the above. I hope a suitable/valuable reply shall be initiated by the learned seniors at the earliest.
a) Can an employee claim gratuity after 10 months of his resignation. The employer voluntarily didn't settle his gratuity within 1 month as prescribed in the law. In this case is the employer liable to settle the claim or can escape.
b) What would be the procedure to claim if employer refused to pay.
c) What an employee can do if his DOB and name(spelling) with EPFO is not corrected by the employer even after repeated request by the employee since last 8 years and his retirement date is around the corner.
Thanks & regards
Raj Kumar Makkad
(Expert) 28 September 2016
Does this matter pertains to you?
If yes then why had you not moved the application to your employer within the prescribed period of one month of your retirement/superannuation or terminating your job on any other reason except disciplinary circumstances?
If you come within the ambit of workman then file your claim before Commissioner under Payment of Gratuity Act of your area and for the purpose of correction in the name, serve a legal notice and thereafter file a civil suit.
Kumar Doab
(Expert) 28 September 2016
a) Yes. You may submit a gentle letter mentioning that 'Notice of Determination of Gratuity' and Payment has not been supplied to you. If you have represented, in last 10 months, mention details e.g. dates/names etc .
b) Add that FormI is attached.
c) Narrate all previous representations and ask to correct.
Request to supply the copy of employer's communique to EPFO for correction.
Check with APFC/RPFC in jurisdictional o/o EPFO.
Kumar Doab
(Expert) 28 September 2016
The matter has been discussed in old threads initiated by you................
You could have acted thereafter:
http://www.lawyersclubindia.com/experts/Asking-for-resignation--535951.asp
http://www.lawyersclubindia.com/experts/Payment-of-Salary-569331.asp
http://www.lawyersclubindia.com/forum/details.asp?mod_id=116100&offset=1
http://www.lawyersclubindia.com/experts/PF-amendment-501416.asp
http://www.lawyersclubindia.com/experts/Eligibility-of-PF-511826.asp
http://www.lawyersclubindia.com/forum/Forced-resignation-118457.asp
Raj Kumar Makkad
(Expert) 28 September 2016
After so many links as provided above, get benefited.
Rajendra K Goyal
(Expert) 01 October 2016
Sir,
expert Kumar Doab has referred the link of threads on the subject.
good effort, hard work, Thanks.
Raj Kumar Makkad
(Expert) 01 October 2016
The links given by expert Doab have been initiated by author.
Expert doab has mentioned:
The matter has been discussed in old threads initiated by you................
You could have acted thereafter:
