Neil (Head Projects) 16 June 2011

Non settlement of Gratuity

We worked for a private limited company, and most of my colleagues including myself left the organization in 2009.

While all our dues have been settled, the company till date has not yet settled our gratuity. All of us were employed for more than 5 years and are elligble for receiving the gratuity.

Over the last 2 years, we have sent numerous emails and letters, and they keep responding that it would take some time. Recently they have stopped responding to our enquiries.

Kindly advise what legal recourse / options are available to us to recieve our dues.

Would appreciate if someone could help guide us on the next course of action

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2 Replies

MAHESH SINGH (SR. HR EXECUTIVE) 22 June 2011

Please file the complain to labour commissioner.

V.Harikrishnan (Labour Law Consultant) 23 June 2011

Dear Mr.Neil

Please check whether the establishment from which you are expecting payment of gratuity is having branches in more than one State or only in one State. If it is having branches in more than one State you have to file a claim under the Payment of Gratuity Authority to an officer of the Central Government Labour Department having jurisdiction over the area in which your place of employment was situate. If the establishment from which you are claiming gratuity is having branches in only one State,.then you have to file the claim before the officer of the State Labour Department who is having jurisdiction over the area in which the establishment in which you worked is situate. However, from the information furnished by you it seems that it is two years since you left the establishment. Apparently there is a delay in filing the claim petition before the Authority under the Payment of Gratuity Act. So, along with the claim petition you have to file a delay condonation petition also. Consult a lawyer well versed in Labour Laws for filing the petition.

With regards

V.HARIKRISHNAN