Delay in claiming Gratuity Amount
shantilal k. patel
(Querist) 11 August 2008
This query is : Resolved
Dear Friends,
Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.
In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL
Murali Krishna
(Expert) 12 August 2008
Section 7 of the Act says that a written application has to be made for payment of gratuity. On such application, employer shall pay the amount of gratuity.
In your case, employer did not pay your gratuity. Obviously he is liable to pay the same and since there is a delay, in terms of section 8, interest is to be paid on the gratuiry @9%.
If on merits your case is decided, Asst.Commissioner can pass order with interest because employer failed to fulfil his obligations under the Act.
As you know, every order is amenable for judicial review. Even the order of Asst. Commissioner is appealable.
