Tamal Roy 06 May 2018

Gratuity interest

I have worked an organization around from 13.04.2009 on contractual basis. My contract starts from 13.04.2009 & ends on 30.09.2016. After that company has break the contract, 2 days is off day and enter into a new contract for one year. I have resigned from the organization on 30.10.2017. After appeal to the Labour Commissioner the company has released my gratuity cheque on 03.05.2018. Can I claim gratuity interest from 01.10.2016 to 30.04.2018 or 01.11.2017 to 30.04.2018. Please five your opinion in this matter.

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2 Replies

Kumar Doab (FIN) 06 May 2018

While posting such queries one should post;

What is this establishment; Govt, Private..?

Which gratuity rules apply and is copy of rules available..?

What was the petition and what was the decision in requisite details?

Does court order cover the interest part also?

Was break of 2days agitated upon as artificial break and was IT accepted by court?

Kumar Doab (FIN) 06 May 2018

Generically speaking; interest on delayed payment can be claimed.

However if interest was allowed in order then IT has to be paid by establishment? In such case was any representation made to establishment and court was approached..?