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RAKESH KUMAR   29 June 2020

Gratuity issue

I have worked 7years n 7months with a company.They confirmed gratuity after completion of 5 years.I have left that company ...but even after 8 months thay don't answer about gratuity and saying that company's position is very bad n forget about gratuity.i have talked to an advocate,but he asked for 10k only for legal notice he will send to company...plz help


 7 Replies

Ritesh Maity (Labour Law Advocate)     29 June 2020

1. Apply for gratuity in Form I to the company through speed/ registered post and wait for a month. No separate legal notice is required. 

2. If the company does not pay you grautity within a month from the date of receipt of your application in Form I, you may file a case before the appropriate authority in Form N. 

3. It appears from your statement that 8 months have already passed since your last working day, hence while filing a case in Form N, you have to file an additional application for condonation of delay. This is a bit technical, hence you may take assistance from any labour law advocate for the purpose. 

RAKESH KUMAR   30 June 2020

thanks a lot sir

jagadish paranjape (Advocate)     30 June 2020

In my opinion the non paymrnt of gratuity is continuing wrong and limitation does not apply.You need not give any notice to any one and file your claim with controlling authoriry under payment of gratuity Act as notified for your area.For this you may approach the labour commissioner's office in your area and seek necessary information.

Ritesh Maity (Labour Law Advocate)     30 June 2020

Rules 7 and 10 of Payment of Gratuity (Central) Rules speak about limitation and condonation of delay. 

jagadish paranjape (Advocate)     30 June 2020

In number of cases court has held that primarily it is the obligation of the employer to pay gratuity

and employee's claim can not be defeated on the ground of limitation.

One such case is .The Managing Director (M.D.) Maharashtra State Co-operative Tribal Development Corporation Ltd. (MSCTDC Ltd.) and Others Vs. Purushottam and Others  Nagpur bench of Bombay H.C.  decided on 26/2/2015

Ritesh Maity (Labour Law Advocate)     01 July 2020

"Primary obligation to pay gratuity is on employer" and "there is no limitation for claiming gratuity" are two different things. 

Since the Payment of Gratuity Act is a beneficial legislature, various courts have held that delay should be considered liberally and any delay should not be a ground to bar an employee to receive gratuity. But that does not mean if there is any delay in making the application, one should not ask to condone it.  

jagadish paranjape (Advocate)     01 July 2020

Thanks Riteshji and Regards.

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