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Not given application in form l for 7 years

Page no : 2

Kumar Doab (FIN)     09 February 2017

DOJ; Date of Joining

LWD: Last Working Day

 

Depending upon what is this establishment e.g Local Body she may be eligible from DOJ or from 1982 or from 1997…………………to LWD.

 

Inquire locally about it.

Get details of applicable Gratuity Rules from some old staff, or office or Univ, or thru RTI or from some local counsel (senior) specializing in Labor/Service matters and handling Gratuity Matters.

I am sending two links that you may go thru, carefully.

 

You can download FornI also from these links.

Vikram   09 February 2017

She joined in 1980 and retired on superannuation basis in 2010

Ritesh Maity (Labour Law Advocate)     09 February 2017

If you have proof of submitting FORM I to the employer i.e. any postal receipt or stamp/ acknowledgment of the company and one month has passed, then you are free to file an application in FORM N before the Controlling authoirty. 

Simply having copies of FORM I without any kind of endorsement/ proof of delivery to the company won't help. In such case, it is better to send through registered/ speed post once again to avoid further complications.

1 Like

Kumar Doab (FIN)     10 February 2017

The reply has already been given.

Download old extent Gratuity Rules and see if the application from employee for payment of Gratuity was termed FormI on date of Superannuation?

Download current extent Gratuity Rules and see if the application from employee for payment of Gratuity is termed FormI?

The takeover was after Superannuation.

 You may also obtain copy of takeover by govt, and terms if any.

 The Govt may not easily agree to responsibility of payment of Gratuity.

1 Like

Vikram   11 February 2017

The application in form I was despatched by registered post with AD. The post was delivered yesterday (10.02.2017). Tracked by indian post wesite. 

1 Like

Vikram   11 February 2017

Kumar Doab sir,

Where can I find ld extent Gratuity Rules and current extent gratuity rules? Then look for what?

Ritesh Maity (Labour Law Advocate)     12 February 2017

Look/ google for Payment of Gratuity Act 1972 and rules.Or buy a bare act of the same. They cost around 100 bucks.

Vikram   01 March 2017

The application containing Form "I" was sent to the college from registered post on 06/02/2017 and it was delivered on 10/02/2017.

now its 01/03/2017. around 19 days has passed and no reply came from college and it is expected that it will not come.

Now I want to approach through controlling authority , Please suggest me.

1. Which is concerned office ? (My residence is at pali district in rajasthan and the concerned college is at Hanumangarh district in Rajasthan)

2. Which form I will need to submit?

3. Since 7 years have passed , so please provide me the format of late appliaction and necessary elements in the application?

Ritesh Maity (Labour Law Advocate)     01 March 2017

First, wait for at least a month. Form I was delivered on 10.02.2017, hence wait till 10.03.2017.

1. Please check with the local labour commissioner regarding the jurisdiction of the college. Place of residence is immaterial. 

 

2. You have to put your necessary elements why there was delay of 7 years and such elements should be supported by documents as much as possible. E.g. if you say that you were suffering for x disease for 6 months, then attach medical documents. There is no such format of application for condonation of delay that can fit your case, as you have to state the factual aspect of such long delay. Since the delay is very long (7 years) it is advisable that you draft the petition carefully as the college will go against your long delay very strongly. If required, better get the application of condonation of delay drafted by a lawyer. 

As per the Apex courts judgement, for the purpose of condonating the delay,reason for day to day delay needs to be explained.

Vikram   01 March 2017

Thank u Ritesh Maity Sir once again for providing such explanatory input

Please guide me for-

Does the reason for dalay can be? (because this is the real situation)

1. She really wrote many applications to college but the language was not as per Form I (she have the receipt of registered post)

2. She was not aware of the legal acts.

3. she is a widow and there is no male member in family and she was living with only an adopted daughter.

4. She also approached a lawyer also but he only gave assurance and finally communication discontinued.

5. she lost all hopes after that and made no more try and decided to forget everything in this old age (now 67 years)

6. I am her son in law (LLB final year student) and she told me everything very recently. Then I searched on internet and told about her right of gratuity.

 

 

Ritesh Maity (Labour Law Advocate)     02 March 2017

Originally posted by : Vikram

Thank u Ritesh Maity Sir once again for providing such explanatory input

Please guide me for-

Does the reason for dalay can be? (because this is the real situation)

1. She really wrote many applications to college but the language was not as per Form I (she have the receipt of registered post) Give details of all applications she sent with date and acknowledgment/ postal receipts.

2. She was not aware of the legal acts.
You can use this but don't know how far it will help since she was working for a school and not an uneducated poor lady.


3. she is a widow and there is no male member in family and she was living with only an adopted daughter.

Include the death certificate of her husband.


4. She also approached a lawyer also but he only gave assurance and finally communication discontinued.

Give name of lawyer, where and when she visited etc. 


5. she lost all hopes after that and made no more try and decided to forget everything in this old age (now 67 years)
Give her birth certificate and include any kind of age related medication/ treatement she is undergoing.


6. I am her son in law (LLB final year student) and she told me everything very recently. Then I searched on internet and told about her right of gratuity.

Yes.

 

 

Please note that you need to explain the day to day delay. Try to explain and give as much as details as possible with documentary evidence. 

 

Vikram   06 March 2017

I Am attaching form N plese check

Vikram   06 March 2017

Originally posted by : Vikram
I Am attaching form N plese check

 


Attached File : 374298 20170306004118 389898112 form n.docx downloaded: 36 times

Vikram   06 March 2017

Sir /Madam,

I have the application clearly demanding gratuity within 10 days of retirement along with registered post receipt. It is not same as form I but clearly demand gratuity. 

I want to file form N before contolling authority , does it should be along with Application for condonation for delay? or is it not neccessary because gratuity was demanded in 10 days.

see point number 4 in attachment

(7 years has been passed since retirement)


Attached File : 374298 20170306015153 389904847 3.pdf downloaded: 54 times

Ritesh Maity (Labour Law Advocate)     06 March 2017

After cessation of employment, you are required to send Form I within a month to the company. Though you have clearly demanded gratuity in writing within 10 days, yet it is not Form I. As an abundant caution, it is advisable to send Form I in order to avoid any technical issues in future.

If Form N is filed within 3 months, then there is no requirement of filing any petition for condonation for delay. Otherwise, you have to.  

In your case, you have to file a delay petition since the retirement was 7 years ago. And you have to be very carefull while drafting such petition as it is very important to get the long delay condoned before getting into the merit of the case. 

 


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