30% OFF on all Law Courses until 10th of July. Enroll Now. Use Code: July30
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

SREERAMANN (Work)     17 June 2017

Doubt in gratuity

Dear all,


I have some doubts on Gratuity.

I worked for an Autonomous society of GOI as Contract in Grade Pay.

I had a service of 7 Years and I joined a new organization.

I was paid gratuity by the Old Organinzation. Now I m getting call from the Office regarding

recovering of the Gratuity being paid to me.

My doubts is that, can an employer recover the gratuity that was already paid to the employee.

Requesting your kind suggestion in this regard.




 11 Replies

Ms.Usha Kapoor (CEO)     17 June 2017

Gratuity once paid  can't be recovered by the employer. It is co ntributd by employer as  a token of recognition of taking employees services from him or for his organization.

SREERAMANN (Work)     17 June 2017

Hi Usha Madam,

Greetings and Thanks for the reply. Could you please suggest, What could I do, If I am asked by the Employer in written / orally  stating to pay the gratuity amount for recovery.


Ms.Usha Kapoor (CEO)     17 June 2017

Approach  alabor court with the aforsaid allegations.Certainly you'ds get relief.Or ignore his calls telephonically and  personally as well  and let himgo whereever he want to. Let us see what the court would say?

1 Like

Ms.Usha Kapoor (CEO)     17 June 2017

Although I'm answering many of your queries correctly why I'm not getting  likes. 3 days ago around 8 o clck I answered some queries and got 4 thanks. Please restore that practice againl. we'd feel enthused to answer if you award likes. Tell all your colleagues alsoThanks in  advance.Ecce[ptg thanks/Likes there is no other charm is there here. No money.Admin has given standing instructions to you all not to give thanks even if you give not more than 1.? PLease restore the old practice of  announcing the results  after answering your queries or  on the same day as before or few months ago.Currently we are getting only 1 thank even  ifwe answer all 10 queries.

1 Like

Kumar Doab (FIN)     17 June 2017

Have you dowloaded the aspplicable Gratuity Rules?

Which Gratuity Rules apply to establishment?


Kumar Doab (FIN)     17 June 2017

For any reason if you do not want to share in the thread then prefer consultation with a local senior and very able lawyer of unshakable repute and integrity specializing in concerned field of law e.g; Labor/service matters ,............as posted by you.


If you wish you may also check with LCI expert Mahoday Sudhir Kumarji.




1 Like

SREERAMANN (Work)     18 June 2017

Thanks for your suggestion.

SREERAMANN (Work)     18 June 2017

Hi Usha,

Thanks for your precious advice. I stand corrected. Yes I am thankful for your suggestion.



SREERAMANN (Work)     18 June 2017


Thanks for your reply.

Currently I m working for a Software Company and have no issues with that.

Previous organization was an Autonomous Society under GOI which paid the gratuity, which I have stated above.


SREERAMANN (Work)     18 June 2017


Thanks for the reply.

I have a doubt here. Is the Gratuity rule is common for all Autonomous socitey of GOI as well as Pvt. Ltd. Software Companies ?


Kumar Doab (FIN)     27 June 2017

Have you dowloaded the applicable Gratuity Rules of previous establishment? 

Which Gratuity Rules apply to previous establishment?


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Start a New Discussion Unreplied Threads

Popular Discussion

view more »

Post a Suggestion for LCI Team
Post a Legal Query