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Tushar Jha (Advisor)     18 October 2014

Delay in receipt of gratuity

I served in an Infrastructure company as Deputy Manager for 5 Years 10 Months. I served them notice of resignation three months in advance as per company rules.

My last day of work in the company was February,15th,2014 (well within the 3 months notice).However,since the company is not in sound financial health,they delayed my payment of gratuity.

I received the cheque for Gratuity Amount on September,16th,2014.Though the amount of Gratuity was accurate I received the same after a delay of 7 months.

As far I know the Gratuity shall be payable by the Employer within 30 Days from leaving the Company.Since I have received the gratuity after a delay of 6 months from the due date,can I claim interest on delayed receipt of Gratuity Amount ? 

My company's registered office is in Fort,Mumbai.
Kindly advice the appropriate authority/forum/tribunal for claiming the interest on delayed receipt of Gratuity ?

Regards,
On behalf of Rahul Mukherjee.



Learning

 5 Replies

Kumar Doab (FIN)     18 October 2014

 

Interest@10%p.a.

Authority: Controlling Authority of Gratuity:::: that may be DLC in o/o Labor Commissioner

Tushar Jha (Advisor)     18 October 2014

Kindly guide as to whether State Labour Ministry or Central Labour Ministry has the power to decide such disputes. The company is a Private Sector company (listed on Bombay Stock Exchange) headquartered in Mumbai.

Kumar Doab (FIN)     18 October 2014

Payment of Gratuity Act 1972:Appropriate Govt. is explained in Sec : 2 (a){(i)(b)},(ii) The officials in labor office or your lawyer be contacted.

Shilpa (Sr. Officer Materials)     22 October 2014

I also want to know whether employer deny gratuity payment by giving reason that employee's performance in his work is very poor.

Kumar Doab (FIN)     22 October 2014

@Shilpa

 

Is it stated in Writing?

You may submit FormI by redg. Post.

 


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