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Claim of gratuity

(Querist) 12 December 2021 This query is : Resolved 
Respected All,

I have worked in a private limited company for almost 15 years. During pandemic time I have lost my job with the same company. Although there was no PF in the company. So I have claimed gratuity from the company. In that context I have sent a registered letter to the company and they have received it. But company haven't done anything. So I have sent reminder letter to the company. Now they had refused it.

Since I am not eligible for PF and gratuity amount is my only hope.

Please suggest if there is any way to get gratuity as I am a layman.

Ganesh Singh
Isaac Gabriel (Expert) 12 December 2021
Those who have worked for 5 years are eligible for gratuity.There is no relevance between PF and gratuity. If the company is alive file a case with the jurisdictional labour commissioner/controlling Authority with a claim petition.
ganesh soni (Querist) 12 December 2021
Please look into the above query and help me.
ganesh soni (Querist) 12 December 2021
Thank you so much Isaac Sir for your response which is indeed very helpful.
kavksatyanarayana (Expert) 12 December 2021
Yes. Very well explained by the above learned expert Mr.Isaac Gabriel sir.
Dr J C Vashista (Expert) 13 December 2021
I concur expert analyses, opinion and advise of Mr. Isaac Gabriel qua applicability of law / rules in terms of Payment of Gratuity Act, 1972 which reads as:
The Act is applicable, to factories, mines, oil fields, plantations, ports, railways, motor transport undertakings, companies, and to shops and other establishments, Employing 10 or more workmen. The Act provides for payment of gratuity at the rate of 15 days wages for each completed year of service subject to a maximum of Rs. ten lakh. In the case of seasonal establishment, gratuity is payable at the rate of seven days wages for each season. The Act does not affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer. Central Government is the Appropriate Government in relation to an establishment belonging to or under the control of the Central Government or having branches in more than state or an establishment of a factory belonging to or under the control of Central Government or of a major port, oilfield railway or mine.

Issue legal notice to your employer through a local prudent lawyer, if you are eligible.
Adv.Ambrose Leo (Expert) 13 December 2021
Contact a Labor,Employment and service matter specialist for claiming the Gratuity under the Act.
ganesh soni (Querist) 13 December 2021
Thank you so much Vashista sir and Ambrose sir for your valuable advice. Respected sir, company where I have worked have a very negative history in regards to paying gratuity to employees. I am concerned and scared that if I go with the legal procedure will that affect my current employment or will my previous company do harm to me? Maybe they file a fraudulent case against me. I am a family man and only earning member of my family. I am hardly meeting my day to day expenses.

As most of the companies keeps lawyer for these kind of situations. I am a very small fish for them. May be I can not afford a good lawyer just like them.

Please help me on this.
Sudhir Kumar, Advocate (Expert) 16 December 2021
as far as gratuity is concerned you are well advised.

However why there was no PF in the company. was it employing less than 20 persons (including ty/daily wager/piece rated/ part timer/ outsources/ contract/consultants basis etc)
ganesh soni (Querist) 17 December 2021
I was working in a Bpo industry and company has more than 400 employees. There was no pf for the employees in the company. I am looking for gratuity only and they are ignoring my registered letters. Please help.
Isaac Gabriel (Expert) 18 December 2021
The controlling Authority is the competent officer to issue direction to the Management to disburse the gratuity amount, and even if it was refused, enforcing authority is the Distrct Collector for the recovery and payment to you. File a petition or contact a labour union or lawyer.
ganesh soni (Querist) 19 December 2021
Thank you so much Isaac sir.
Sudhir Kumar, Advocate (Expert) 19 December 2021
if they were employing more than 20 persons they are criminally liable for not depositing their PF.

you are not aware that you are deprived of pension if PF is not deposited. You are running after a petty thing ignoring larger thing
ganesh soni (Querist) 20 December 2021
Sir as a layman I was not aware about my rights, as you understand people who work in Bpo sector most of them don't know anything about pf Or gratuity. When I was working for that company numerous times I have requested them for pf but they ignored all the time. Since I have left that organization 6 months ago and I came to know from one of my known person that I can claim for the gratuity. But I am not aware about the process to claim it.
Sudhir Kumar, Advocate (Expert) 20 December 2021
In case they have not deposited your PF then submit compliant in writing (with proof of your serivce) to the respective Regional PF Commissioner. Request for assessment proceedings and request for opportunity of being present in the hearings.

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