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kashi nath shukla (advocate, )     21 August 2008

payment of gratuity

     A is retired employee of sugar mill originally posted as suraksha sainik .  AT  the time of his retirement  sugar mill adminisration paidonly rs5000 as gratuity ,remaining rs.85000 is not being paid by the adminisration.Kindly suggest me the forum for get gratuity.


 7 Replies

Vikas Kr. Sinha (Labour Lawyer Ranchi Jharkhand)     22 August 2008

The amount of Gratuity, if not paid by the employer within the prescribed time, the aggrieved person may make an application in the prescribed form before the Controlling Authority under The Payment of Gratuity Act, 1972. Normally the Deputy Laour Commissioner (for state) & Assistant Labour Commsionser (for Central) are notified as the Controlling Authority.
- V.K.Sinha, Advocate

H. S. Thukral (Lawyer)     22 August 2008

First make an application to the employer and if the employer does not pay then approach Contolling Authority.  

Krishnan Venkatachalam (Legal professional)     22 August 2008

Dear friend,

Your querry is not exhaustive. First of all the terms of appointment order of the person who was initially posted as watchman has to be perused. If he has been employed on temporary basis with out any appointment order, it will be very difficult to prove his actual service. Any how as suggested by our learned friends, the aggrieved person can represent to his employer in writing and if no response is given then he can approach the controlling authority with some evidence of his long service with the sugar mill.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     22 August 2008

Decision of Controlling Authority:- Controlling Authority is a quasi-judicial person. He conducts an enquiry on thedispute. While conducting the enquiry, he should adhere with the principles of natural justice. He shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount as reduced by the amount already deposited by the employer.

prof s c pratihar ( urologist &legal studies)     30 August 2008

your terms of employment ,your entitlement and deprivation ,all to be submitted and proved.sometimes existing loans are realised from gratuity.gratuity is a greatfullness for service rendered.there is provision of reduction of gtatuity amount in case of unsatisfactory service and that must be entered in your service book.drscpratihar

TS Bhatia (HR Executive)     09 September 2008

you must approach local labour department immediately

Isaac Gabriel (Advocate)     10 September 2008

punishment of stoppage of increment was ordered in 2000 and Ipreferred appeal.The authority entertained the appeal transferred it to other authority stating the records were available with that authoraity.I retired from Government service in May 2005.The appeal,was disposed in Septeber 2007confirming the punishment.Is it right to award/confirm punishment ater retirement? Is the quasi judicial authority right in transferring the appeal to another authority? What is the remedy?

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