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Non payment of gratuity - reg.

(Querist) 11 May 2022 This query is : Resolved 
I had worked under PSU and retired in 2017. I had not been paid with Gratuity. I had filed Form N under Payment of Gratuity Act to Assistant Labour Commissioner (Central). They had sent the copy of Form N to my employer calling for comments from them. There is no mention of any date for submission of comments. What is the time can granted for comments? What is the Normal period that may be taken by the ALC to pass a final order? Please clarify as I am representing as Party In-person.

Thanks to the Learned Advocates in advance.

kavksatyanarayana (Expert) 11 May 2022
The ALC will submit it within the time and it will not take more time to comment on the Form if they do not take action even after a fortnight. You can not submit it as a party.
Vasudevan (Querist) 13 May 2022
Respected Learned Expert Shri KAVK Satyanarayana, I am unable to understand your advice. The copies of Form N has been sent to my employer calling for their comments. The ALC has not mentioned any time limit to my employer to furnish their comments. You had stated that if they do not take action even after a fortnight, you can not submit it as a party. What is meant by that? I shall be much grateful, if you still clarify the same. Thank you very much for your response.
kavksatyanarayana (Expert) 13 May 2022
The Assistant Labour Commissioner has to write his comments without fail. It is a routine job and hence no time limit but it relates to the payment of Gratuity or pay, or arrears. You wait for one month from the date of submission, then ask them what is the stage of your application using RTI.
Vasudevan (Querist) 14 May 2022
Much obliged to Learned Expert Shri KAVK Satyanarayana.
krishna mohan (Expert) 18 May 2022
Since ALC has intervened PSU will comply as per Gratuity act. Have you worked 5 years continuously..
Vasudevan (Querist) 18 May 2022
Respected Learned Krishna Mohan, I had worked for 33 years. Thanks for your advice please.

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