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Gratuity not paid

(Querist) 09 January 2016 This query is : Resolved 
Hi,

Im relieved from my company on 10th October 2015, I have received no due, relieving and service certificate
Its 3 months now but after multiple email exchange regarding the Gratuity, Im still waiting for the same
They just keep saying that its taking time

Please suggest what can be done here

Thanks
Kumar Doab (Expert) 09 January 2016
You have posted that:

"Its 3 months now but after multiple email exchange regarding the Gratuity, Im still waiting for the same
They just keep saying that its taking time"



Have they stated it in writing?

If you are eligible and gratuity is not paid within 30 days from LWD, you are eligible for interest@10%pa.



You may write under proper acknowledgment that neither Notice of Determination of gratuity nor payment has been supplied.


Have you submitted FormI?

If NO you may add that FormI is attached and ask to supply the acknowledgment of the same.
Ramkishan (Querist) 09 January 2016

Re: Payment of gratuity

Dear Sir

It is sad and disappointing that Im not getting any update after continues follow up for my Gratuity
I have waited for few months as you asked which is ample of time to process gratuity
Now I left with no way except to involve some people from Labour Department of Government for transparency and expedite the process

Regards
Ramkishan
EMP ID: NT149DL040

From:"RamKishan"
Date:Wed, 6 Jan, 2016 at 16:02
Subject:Re: Payment of gratuity


Dear Sir,

Its been quite a long time now since I'm following for release of my gratuity amount, I did my best efforts in all the possible way to support you on this, but its seems nothing has moved and I'm only receiving falsifying commitments from you

I request you to please process my gratuity

Regards
Ramkishan
EMP ID: NT149DL040
From:"RamKishan"
Date:Fri, 4 Dec, 2015 at 11:53
Subject:Payment of gratuity

Dear Sir,

I am writing this to apply for payment of gratuity to which I am entitled under sub Gratuity Act, 1972 on account of my resignation after completion of 14 years of continuous service.

Since I have resigned from your organization on 11th September 2015 and my last working day was 10th October 2015, I am yet to receive payment of my gratuity. Having worked in your organization for 14 years I am entitled to receive gratuity.
For your reference I have enclosed the documents in this regard.

Since I am in need on money, thus I hereby request to please pay my gratuity as soon as possible. You can directly deposit the said amount into my company account (ING Vysya).

I look forward to a quick resolution to my claim. Please resolve this issue and ensure the payment. Thanking you in anticipation.

Regards
Ramkishan
EMP ID: NT149DL040
Ramkishan (Querist) 09 January 2016
I have sent them above emails...also I have downloaded the FORM I but finding difficulties to fill it
Ramkishan (Querist) 09 January 2016
I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of Section 4 of the Payment of Gratuity Act, 1972 on account of my Superannuation/ retirement/ resignation after completion of not less than five years of continuous service total disablement due to accident/total disablement due to disease with effect from the ____________________ Necessary particulars relating to my appointment in the Establishment are given in the statement below:

what need to be filled here..?
Ramkishan (Querist) 09 January 2016
2. I was rendered totally disabled as a result of ________________________________.

3. Payment may please be made in cash/ open or crossed Bank Cheque.

4. As the amount of gratuity payable is less than Rupees One Thousand. I shall request you to arrange for payment of the sum due to me by Postal Money Order at the address mentioned above after deducting Postal Money Order commission there from.

what is the meaning of these...Sorry for sounding dump
Ramkishan (Querist) 09 January 2016
Also I want to know if there is any time limit to send the application for Gratuity
Kumar Doab (Expert) 09 January 2016
1. LWD
2. NA
3. Payable at par Cheque payable at...........your location
4. Ignore

There is not limitation.


Visit Employee's/Trade Unions leaders, Labor Law Consultant, o/o Labor commissioner and meet ALC if you can fill the form and discuss your matter also.
Ramkishan (Querist) 09 January 2016
Thanks

Just want to know what is LWD
Rajendra K Goyal (Expert) 10 January 2016
Well advised, agree with expert Kumar Doab.
Ramkishan (Querist) 19 January 2016
My previous company came up with the statement that as I worked there for 14 year, but after 4 years of my tenure I left the company in March 2005 and joined other company worked there for 3 months and rejoined same organisation in June 2005

Therefore I am not eligible to get gratuity even for 10 year

Please suggest

Thanks
Guest (Expert) 19 January 2016
Show your service related papers to some service law expert to handle your case. Otherwise you will be wasting time in futile correspondence with no result.

Kumar Doab (Expert) 19 January 2016
Expert Mr.Dhingra is absolutely right.




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