Section: 7:Determination of the amount of gratuity.
(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.
(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify:
{ It is clear that the employer in India has not issued any notice to employee and also to Controlling Authority………………….which is in contravention to the provisions……..as above. Demand exemplary penalty. The interest on delayed payment was simple @10%. You may confirm the latest position.}
(4)
(a) If there is any dispute as to the amount of gratuity payable………….
{ There is no dispute.(“ Finance Manager sends me Gratuity calculation for my consent in June 2012 which I Accepted “) Still the employer in India and HR is lying, delaying…………….
Demand exemplary penalty and punishment.}
………………..the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.
{The employer/HR has not deposited the amount with authority. Another contravention. Demand exemplary penalty}
(5) For the purpose of conducting an inquiry under sub-section (4), the controlling authority shall have the same powers as are vested in a court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely :
(a) enforcing the attendance of any person or examining him on oath;
(b) requiring the discovery and production of documents,
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses.
(6) Any inquiry under this section shall be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of section 196, of the Indian Penal Code, 1860 (45 of 1860).
{ Press for your rights. “They are just begging time on false ground, viz. MD is out of country , not well..etc.” Provide proof of false representation…………………………There are provisions for penalty and imprisonment both. Put your feet on the tail.}
You have posted that:
--------“They are just begging time on false ground, viz. MD is out of country , not well..etc.”
Let the HR state so on record of authority. Obtain certified copy of the statement.
Generate evidence and provide to the authority. Prove their lies.
------------“ Last time, they come up with proposal for settlement with 50% , payment, which i did not agree.’
Have it been stated before the authority and has it been taken on record?
How can authority entertain such contentions?
If these are the statements in private record (audio/visual).
Ask your lawyer if charge of intimidation can be pressed separately.
---------“ Finance Manager sends me Gratuity calculation for my consent in June 2012 which I Accepted “ “ since company has changed its gratuity policy with new manual in effect”
Any policy can not be from back date.
The Payment of Gratuity is social security tool and statutory obligation of employer.
It is not a joke.
Section: 8: Recovery of gratuity.
Since company has already stated the eligibility demand and press for recovery.
----------“ MD of company…………………………. is major stakeholder”
Obtain detail of his assets e.g. car/Bungalow/FD etc………..company accounts, and provide to authority. Press for seizure/recovery.
Section: 9: Penalties.
The provisions are self explanatory. Fine of Rs.20000/ and imprisonment.
Demand that HR and Finance manager depose before the authority.
Someone should understand that he has to ay and go to jail………………
---------“ My problem is that I am from Pune and working overseas. To represent myself in Delhi is difficult and costly”
State it to the authority in writing…………………..
--------“ what about the extra cost that i am spending.’
Provide the details to the authority and hardships being faced by you due to flimsy grounds being taken by HR/MD……………….and demand payment………………..
Section: 13: Protection of gratuity.
…………………… civil, revenue or criminal court.
Determination of the amount of gratuity.
(1) A person who is eligible for payment of gratuity under this Act or any person authorized, in writing, to act on his behalf
You could have entrusted the matter to your lawyer……………….
