cpc

gratuity withdrawal request under section 7 4(a) of gratuity act


Hi,

I applied for Gratuity amount from the organization I used to work with after 3 years of my resignation. I filled in form 1 and mailed it to them. after which I recived an email from them stating that my Gratuity amount has been transfered to Labour Department and I can withdraw from there. I went throught the act and read section 7 4(a) of Gratuity Act wherein there is a provision that the employer can do that in case of dispute.

I need your advice on how do I apply to the controlling authority to have this fixed. what are the next steps. please help

regards
utsav
 
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Hi,

I applied for Gratuity amount from the organization I used to work with after 3 years of my resignation. I filled in form 1 and mailed it to them. after which I recived an email from them stating that my Gratuity amount has been transfered to Labour Department and I can withdraw from there. I went throught the act and read section 7 4(a) of Gratuity Act wherein there is a provision that the employer can do that in case of dispute.

I need your advice on how do I apply to the controlling authority to have this fixed. what are the next steps. please help

regards
utsav
 
Reply   
 


Retired employee.

As your employer has informed you that the amount was transferred to Labour dept., seek details from him, and file RTI Application to Labour dept., and seek alid down procedure for withdrawing the amount, if you are eligible.

Application dt.7th Aug,2020 seeking information under RTI Act

Before: Public Information officer (RTI),...........................Labour dept......

Fee: Rs.10/- postal order (in blank that can be filled by PIO)

Applicant:

Subject on information sought:  On......................................M/s...............................(Employer address) ..transferred a sum of Rs.......................towards gratuity payable by them to.............................................(employee name).......................................(Designation).............................    Laid down process for withdrawing the amount.

Information solicited

1. Please provide a copy of that circular/order/notification for withdrawing such amount deposited by his employer by ex employee.

 

Applicant.

 
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Advocate

What do you mean by "I used to work with after 3 years of my resignation."? Apparently, you have worked only for 3 years. If so, you are not eligible for gratuity.

 

 
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Labour Law Advocate

Originally posted by : Utsav Dhar
Hi, I applied for Gratuity amount from the organization I used to work with after 3 years of my resignation. I filled in form 1 and mailed it to them. after which I recived an email from them stating that my Gratuity amount has been transfered to Labour Department and I can withdraw from there. I went throught the act and read section 7 4(a) of Gratuity Act wherein there is a provision that the employer can do that in case of dispute.I need your advice on how do I apply to the controlling authority to have this fixed. what are the next steps. please helpregardsutsav

In my opinion, in case of any dispute, the employer may deposit the amount before labour commissioner. But in your case there seems to be no dispute at all either in the amount of claim or recipient etc. In such case I fail to understand why the amount was deposited.

However, since the amount is deposited, you have to make a claim application u/s 7(4)(b). Since there is also a delay in claim, it is advisable to have an application for condonation of delay along with the claim application.  

 
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Thank you dear sirs for your advices.

Ritesh sir, is there a format I need to follow to create the application or there is a standard format available. Additionally, whom do I address it to...Ministry of L & E or state specific office of assistant commisioner of labor...please help....

 
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Labour Law Advocate

Format - Form I

Addressed to "state specific office of assistant commisioner of labor" under whose jurisdiction your ex-company falls.

 

 
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Thank you Ritesh sir.

One last question, can I use the same form I that I sent to my ex employer or I have to create a new one. Also, you mentioned a condonation application to be attached with form I..any specific format for that.

Regards

 
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Labour Law Advocate

Sorry, by Format, I meant "Form N" (and Not Form I)

You may make application in form N. Annex a application for condonation of delay with Form N. The period/ delay between your last date of work and claim has to be explained. Though there is no specific format, you have to give sufficient cause for such delay. You may consult a local labour lawyer for this purpose. 

 


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