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vemuri srinivasa rao   27 March 2018

Full & final settlement (gratuity, leave balance etc.,)

Sir, I worked in an Industry from 2005 to 2011. After my frequent request letters, e-mails and phone calls employer till date not settled full and final settlement. (i.e Gratuity, Leave Balance etc.,) . Please help me how can I proceed to get the payment. Thanking you,


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 1 Replies

Get what u Give   28 March 2018

As per Section 4(1), Gratuity shall be payable to an employee on his termination, retirement, resignation,death /disablement etc . after he has rendered a continuous service for not less than 5 years.
Note: Condition for continuous service for 5 years is not applicable in case of death /disablement.

Employer shall determine the amt of gratuity payable and shall give notice to employee as well as to controlling authority as per Section 7(2).

Gratuity shall be paid by employer with in 30 days from the date of its becoming due.(section 7(3).


if he doesn't pay with in 30 days he shall pay amt. with simple interest.(section 7(3A))

SECTION 8: IF THE GRATUITY PAYABLE UNDER THIS ACT IS NOT PAYABLE WITHIN PRESCRIBED TIME TO THE PERSON ENTITLED THERE TO,THE CONTROLLING AUTHORITY SHALL ISSUE A CERTIFICATE FOR THE AMT.TO COLLECTOR TO RECOVER THE SAME ALONG WITH COMPOUND INTEREST AT SUCH RATES PRESCRIBED BY CENTRAL GOVT. FROM THE DATE OF EXPIRY OF THE PRESCRIBED TIME AS LAND REVENUE ARREARS,TO ENABLE THE
PERSON ENTITLED TO GET THE AMT.AFTER RECEIVING APPLICATION FROM AGGRIEVED PERSON.

ADVICE:IT APPEARS U R COMPETENT FOR RECEIVING GRATUITY U/S 4(1).
YOU SHALL GIVE AN APPLICATION TO CONTROLLING AUTHORITY AS PER SECTION 8 FOR RECOVERY OF GRATUITY, HOWEVER PLZ READ SECTION 7 AND 8 OF GRATUITY ACT 1972 BEFORE DOING SO, BECAUSE I AM JUST A STUDENT AND HAVE GIVEN U RELEVANT EXTRACT OF THIS SECTIONS ONLY.

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