ramanav (president) 26 April 2014

Not getting gratuity after working for 25 years

I have worked in a Public Sector Oil company for 25 years. Recently I have resigned from the job. Company has denied me payment of Gratuity on the grounds that I have resigned. They say that as per company rules Gratuity is payable only to those employees who have superannuated or who were granted VRS.

What is the correct legal position on this ? Is the company right in declining payment of gratuity after such long service??

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3 Replies

Kumar Doab (FIN) 26 April 2014

Did you apply for payment of Gratuity in writing and do you have proper acknowledgment?

Has the company denied in writing?

Pls download Gratuity rules of the Company and if acceptable to you then you may attach the Gratuity Rules in this thread!

You may erase the names etc to maintain the confidentiality.

Payment of Gratuity Act 1972:Sec4(b)

Gratuity is payable in case of separation by resignation!

The payment of Gratuity in IOC, BPCL seems to be as per payment of Gratuity Act.

Laxmi Kant Joshi (Advocate ) 26 April 2014

Ramanav according to supreme court order your company can not denied for giving your gratuity , apply in writing for your gratuity and take the receving , attach order of supreme court with it .

Jitendra Jain (Advocate & Labour Law Consultant) 29 April 2014

You are eligible for payment of gratuity. Send an application or "Form I' to employer and in case you do not get any response file gratuity claim i.e. "Form N' to controlling authority, under payment of gratuity act & plead or get plead your case.

Jitendra Jain