Steps to submit form i in payment of gratuity act 1972

(A). The Payment of Gratuity Ac1972,  is a statue and an employee that has rendered 190 days service in a year is held eligible as per def. of  continuous  service as in Sec;2A.......of the Act and this Section making an employee eligible by 190 days service/year has been discussed and narrated in  many judgments................ old and newe

e.g:

Andhra High Court

Kothari Industrial Corporation, ... vs Appellate Authority Under The ... on 12 September, 1997

https://indiankanoon.org/doc/762511/

5. Section 2(c) of the Act states that "continuous service" means continuous service as defined in Section 2-A(sic.). Section 2-A of the Act is as follows :-

10………………… and the question of counting the actual working days in respect of them does not arise. As a result, we find that the contention raised by the petitioner is totally meritless. The whole case of the petitioner was based on Lakshmi Vishnu Textile Mills Ltd. case (supra) which as pointed out already has been overcome by the Legislature itself by amendment in the Act by bringing in Section 2-A on the statute book, In result, both the writ petitions are, in our view, totally meritless and deserve to be dismissed.

(B) . Section 7 of the Act enables a person eligible for gratuity to claim the same from his employer by making an application in writing in Form I.

FormI can be submitted by Redg. Post to good offices of appointing authority,MD,   and/or if you are aware of the designated/competent employee to process the claim e.g. Head-HR...........The Proof of having delivered can be obtained from PO (without any cost) and certified copy of run sheet of postman can be obtained against a payment of Rs.10/----

If the employer maintains studied  silence or declines eligible employee can approach Controlling Authority.........that might be ALC/DLC...................in o/o Labor Commissioner........ 

There are clear rules on acceptance/declinature..................................for which you may also refer to (Name of the state) Payment of Gratuity Rules :::::::: The employer has to issue notice of payment of Gratuity :::::In FormL if claim is found admissible...................IN Form M if claim is not found admissible ,specifying the reason and the notice is to be servedby personal service after taking the acknowledgment or by redg.Post under acknowledgment.....

@Kumar sir,

I really appreciate your efforts and your reply. I am really sorry that I am really weak in understanding legal language. What I understand from your reply is

1. I need to send the Form I through Registered Post to MD or Head HR of the company.

Correct if I am wrong

However I didn't understand the line 'and certified copy of run sheet of postman can be obtained against a payment of Rs.10/----' what is run sheet, and from where can I get that?

And the acknowledgment which I will receive through registered post means only the receipt that I sent something to the company and they received it however what is the proof that whatever I sent to them is Form I?
Could you please elaborate it more if possible?

Anyways thank you for your reply.

Regards,
Abhishek

Dear All,

I tried to contact my organization to know the address of the postal communication and procedure to file form I there however they are not replying me properly and closing ticket again and again. Following is my communication history between them and me. I don't know where to send the form I could anyone guide me now?

My commutation history with them (please read it from bottom to up for old to new):

~~~~~ History strategy here ~~~~~

Commented by: Self comment Date: 2/11/2015

Dear Team, Thank you for your reply. However I think you are not reading my descripttttion properly and closing this ticket again and again. It is wasting your and my time. I know whether I am eligible for getting gratuity or not and I have not raised this ticket to know my eligibility. I request you to read my descripttttion properly and reply following point 1. Give me the postal address of the department where I can send any postal communications related to gratuity, thats it. Very simple question. Please reply the same. Please revert if any clarification needed. Thank you. Regards, Abhishek

Commented By: Helpdesk Team

Comment Date: 2/11/2015 11:18:23 AM

Dear Abhishek, Thank you for raising your query with the Helpdesk team. As per System your joining date is 22/06/2010 and your Last working date is 15/01/2015. As per policy an Associate must complete 5 years in the organization then only the associate is elligble for entitlement of Gratuity amount . Hence you are not elligble for Gratuity payment . Regards, Helpdesk

Commented By: SelfComment Date: 2/5/2015 2:31:26 PM

Dear Team, Thank you for your reply however I didnt raise this ticket to know the eligibility for getting the gratuity. My question was 1. How to file a Form I of Payment of gratuity act 1972? Could you please tell me the procedure to file the application in our organization? 2. And the address to whom in our organization I need to send it? Note: I am not asking whether I am eligible or not. And please let me know the official address of the department of our organization where I can send any communication related to gratuity through Registered Post. Waiting for your positive reply. Thank you. Regards, Abhishek

Commented By: Helpdesk TeamComment Date: 2/5/2015 1:15:01 PM

Dear Abhishek, Thank you for raising your query with the Helpdesk team. Your gratuity will be paid only on completion of 5 years.

Commented by: Self comment Date: 2/11/2015:

Dear Team, I just wanted to know how to file a Form I of Payment of gratuity act 1972�? Could you please tell me the procedure to file the application and the address to whom in our organization I need to send it? Thank you. Regards, Abhishek

~~~~ History end here ~~~~~

Can anyone help me and tell me where can I send it now.

It has already been explained that You may submit to MD of the company by Redg. post and obtain POD....

The address of  Redg. office, Corporate office should be available with you.

YOu may seek guidance from elders in the family,employee's/trade union leaders e.g. CITU/INTUC/AITUC/BMS etc.........and your Labor Law Consultant/service matters lawyer/Law firm

Dear All,

As per the guidance I got from multiple sources including you all, I sent 'FORM I' to the Head HR of my employer on 14th Mar, 2015 through registered post. In which I pointed that  I have completed 4 years and 208 days of service which is 5 years of continuous services as per the definition mentioned in Sec 2A of 'Payment Of Gratuity Act, 1972'.
It's been 30 days and I have not received any reply from them, they have not even bothered to accept / reject my claim. Now I am confused about my next step and need your help in this situation.

1. What should be my next step? I am planning to appeal to the next level, may be to Labor Commissioner Pune (Maharashtra) however I am not sure how to do it.
 

2. I will get the ACK of Registered Post which will prove that I have sent one document to my employer on 14th Mar, 2015 however is there any way which will prove that whatever I sent is Form I?

Please help me and suggest what can be done.

Thank you for reading.

Send a reminder thru email and attach copy of FormI,POD of redg. post.....

Thereafter approach Employee's/Trade Unions leaders e.g. CITU/INTUC/AITUC/BMS.......................Labor Law Consultant/Service matters lawyer/law firm dealing in labor law matters................

Such employers are treated as violators of rights of employees amongst the community of employees. make such HR personnel/employers popular.

Dear All,

As expected my employer rejected my claim and send me Form M with below reason

"You are hereby informed as required under clause (ii) of sub-rule (i) of rule 8 of the Payment of Gratuity (Central) Rules, 1972 that your claim for payment of gratuity as indicated on your application in Form I under the said rules is not admissible for the reasons stated below
Reason: You have not rendered the requisite continuous service for not less than five years at our establishment in terms of Section 4(1) of the Payment of Gratuity Act, 1972"

I am planning to appeal to controlling authority and file Form N however I will need few references of past cases and court decisions to support my claim. One reference is given here in this thread itself however if I will get some more references it will help me. 

I request you to help me and suggest what should I write in the 'dispute of matter' section of the Form N and give which references to support my claim.

Your guidance will help me to write proper claim. Please suggest if you have any other solutions apart from appealing to controlling authority as well.

Thank you for always supporting me.

The judgments and details in this thread and other thread mentioned by you should suffice.

From this point you should preferably proceed thru an able labor Law Consultant/Service matters lawyer/Law firm................................or say seasoned and well informed employee's unions/IT-ITeS Employee's Unions/Trade Unions leaders...............

Rest is upto you.

Dear sir,

What to do if the employer refused to receive the Form I sent through registered A/D. Can I send the same by email and is it  a legitimate way of communication.

Thanks & regards

@ Asruj@ Aratrika,

You have initiated threads and have been replied.

Has the envelope been opened before returning by employer?

You may submit a representation to Sub-Postmaster of Po from which you booked the cover containing FormI and ask to supply you the certified copy of run sheet of postman and exlanation why the cover was returned by addresse alongwith postmans's report.

YOu may have to pay a fee of Rs.10/- or may you file under RTI.

You may also download the reprt from Indiapost website.

You may sed scanned  copies of cover rerturned by employer, booking reciept  issued by PO, Indiapsot website reprot,and FormI.

YOu may lodge a complaint under proepr acknowedgment with Inspector appointed for Gratuity/ALC/Labor Inspector and copies of all above mentioned docs and request to enforce delivery of FormI to employer.

YOu can also submit FormI aong with above mentioned docs to ALC/DLC/Controlling authority, under proper acknwoedgment.

If possible record the calls/meetings with employer and let employer state that it won't pay gratuity and that it why it refused to take delivery of any cover sent by you and more so containing FormI.

YOu may also go thru provisions for penalty and punishment with jail time, as stated in Sec:9 in Payment of Gratuity.

Dear Kumar Doab Sir,

The envelope is not opened but the management has an arrangement with the despatching peon to show the envelope to the manager and if he assumes by the name of the  sender and anticipates some sort of trouble then the same is not received by the management. It is not known what is the remark the peon put on the envelope but that is the practice.I would like to know if there is any provision under the Payment of Gratuity Act to pay the Gratuity to the seperated staff volountarily by the employer within a stipulated day and if not paid then the employee can directly approach to the labour commissioner. Kindly confirm and let me know if there is any alternate way of submitting Form I.

Thanks & regards

@ Asruj@ Aratrika,

The remark on envelope/run sheet is put by postman. It has already been explained that you can obtain the report from PO also.

The alternate way of delivery and actions that you can take, has already been explained in above post thru ALC/DLC/Controlling authority.........................Inspector appointed under the Act.

You may go thru the Act;Interest @10%pa is applicable if the payment is not made within 30days from LWD.

If you are unable to resolve on your own, approach an able Labor Law Consultant.