Upgrad LLM


Can I claim my gratuity after 16 years back i.e. delay?
Retired Manager

To the best of my knowledge, there is no limitation for claiming gratutity amount.  However, why did you not claim it when you ceased to be the employee of the organisation? 


Anyhow, since you have not claimed so far, send in your claim and wait for the reaction of the Department you worked. But while applying, ensure that all relevant details are sent because, it will be difficult for the HR Department to trace your details after such a long time.

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ha21@rediffmail.com Mumbai : 9820174108

1. There is no restrictions on Time Limit to claim eligible Gratuity.
2. Typically Gratuity is not to be claimed and Co. has to suo motto give the Gratutity payment to its employees, IF there is no administrative /disciplinary lapses on part of the Employee.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

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If you worked in an establishment covered under Payment of Gratuity Act and ceased to work after completion of continuous employment of five years,even if you have not applied in the requisite formfor release of Gratuity dues as indicated by Expert above,it is the duty of the employer to release the same suo-motu.

Since, no such action has been takenby your employer till date as evident from your post,you have to approach the concerned authority from your side and submit the claim form with relevant details for settlement of the claim.

In case the claim is rejected on any ground,you can approach O/o The Controller of Gratuity of your jurisdictional area for redressal of your grievance.

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Retired employee.

Please come out with facts as to what restrained you from claiming eligible amount after 16 years of hard work and what made you to claim the same now as certainly there must be some background of disciplinary proceedings that exempts employer paying in gratuity.

However, mere making a claim is not barred.  Either it will be paid with interest or it will be rejected stating the grounds on which it was not paid.  The notice has to be issued to the designated official in your erstwhile organization.

Contact Labour Inspector or any advocate in your area for precise guidance..

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Yes, you can. But, why this delay?

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Thank you sir



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