t venkat ramanaiah (Professor of Forensic Medicine) 17 January 2017

Gratuity sanction - clarification

I was working in a private Medical College in Andhra Pradesh state, run by one registered Educational Society, which is recognised by Medical Council of India. I joined on 04.04.2005 as Associate Professor and was Promoted as Professor on 04.10.2007. I resigned to my job on 05.09.2015 and was relived. In the sense, I completed 10 years and 5 months of uninterrupted service in that Medical College as a full time faculty, where I received proper annual grade increments also. I applied for payment of my gratuity at the time of my relief under acknowledgement. Many of my colleagues who went prior to me were given Gratuity. But people who came out along and after me who completed 5 years of service are not paid their gratuity. I request you, on behalf of all my other friends to guide us appropriately to get the amount. Thank you sir, Dr. T. Venkat Ramanaiah, Professor of Forensic Medicine, VMCH&RI Madurai- 9

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Ritesh Maity (Labour Law Advocate) 17 January 2017

Since you have mentioned that you have already applied for gratuity under acknowledgment, do you mean that you have sent FORM I to the company?

If no, then immediately send FORM I with acknowledgment and wait for a month.

If yes, i.e. you already sent FORM I, then apply before the controlling authority under FORM N. Since you last date of working is 05.09.15, you need to attach an application for condonation of delay along with FORM N.

As there are many employee who has been deprived of their gratuity, it is advisable to consult a lawyer jointly before filing such claim.

t venkat ramanaiah (Professor of Forensic Medicine) 17 January 2017

Sir,

We all made applications on white paper only

where can we get the said form I to apply, kindly quote the source of application

thanking you sir

Ritesh Maity (Labour Law Advocate) 17 January 2017

Forms are available in the Payment of Gratuity Act itself. Or you can search the internet.

t venkat ramanaiah (Professor of Forensic Medicine) 17 January 2017

Thank you Sir,

Today I will apply and inform all my friends also

Thanking you once again

Kumar Doab (FIN) 17 January 2017

You may submit written communication under proper acknowledgment mentioning that 'Notice of Determiantion of Gratuity and payment was not supplied to you, despite representations (mention details) and you have applied for payment of my gratuity at the time of relieving {(under acknowledgement): attach copy} and copy is attached, for ready reference.

And demand to supply 'Notice of Determiantion of Gratuity and payment of Gratuity.

Mention that prior to you employees in years ( mention names/details) have been paid gratuity.

The employer is under obligation to supply both within 30days from LWD or interst @10%pa is applicable and is to be paid.

Kumar Doab (FIN) 17 January 2017

FormI is formal application for payment of Gratuity that you seem to have subnmitted.

You can download it from many threads at LCI also, in this section.

10.5 years of service entitles for payment of Gratuity=10 years.

There is NO limitation to claim Gratuity.

Ritesh Maity (Labour Law Advocate) 17 January 2017

Originally posted by : Kumar Doab
	There is NO limitation to claim Gratuity.

With due respect, I beg to differ. There is a provisions of 3 months for filing of FORM N. However, the controlling authority may condone any delay for filing on reasonable grounds.