Submit FormI undr proper acknowledgment by redg. post to good offices of appointing authority, MD.
If good offices do not provide relief submit copy of FormI with POD of submission to company to Controlling Authority of Gratuity which may be DLC of your area.
You may refer to
Section: 2A
Continuous service.
2(a)
(i) If the company which works for less than six days in a week, 190 days=1year
(ii) In any other case, 240 days=1year
2(b) (i) (ii)
Section: 4
Payment of gratuity.
(b) on his retirement or resignation,
Section: 7
Determination of the amount of gratuity.
Section: 8
Recovery of gratuity.
And draw the attention of good offices and HR on word “WHOEVER” in Sec :9
Section: 9
Penalties.
(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.
(2) An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made there under shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both:
You may go thru Madras High Court Judgment in case of : Mettur Beardesll Ltd Vs Regional Labor Commissioner ( Central)
It shall be appropriate to approach a competent and experienced labor consultant/service lawyer.
You may go thru a highly informative thread on similar query at:
https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UXrEe5indTs
There are many threads at LCI regarding Gratuity at:
https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UXrEe5indTs
