Your case shall be covered by the payment of gratuity act and rules.

The employer shall arrange to pay the amount of gratuity within 30 days from the date it becomes active i.e. from the day the person retires or his employment is terminated, to the person to whom the gratuity is awarded. If the amount of gratuity payable under the section is not paid by the employer within the period specified, he will have to pay simple interest on it from the date on which the gratuity becomes payable at the rate in coherence with the guidelines laid down by the by the Central Government. Gratuity can be paid in cash, demand draft or bank cheque to the employee via his preferred mode of payment.

TIME LIMIT FOR MAKING PAYMENT OF GRATUITY AMOUNT

A person can himself, or via his authorized person send an application to the employer for payment of the desired gratuity.

As soon as gratuity becomes payable, it is calculated by the employer. Furthermore, the employer gives a notice in writing to the eligible person and also to the controlling authority specifying the amount determined.

The employer must pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.

FAILURE TO PAY GRATUITY AMOUNT

Payment of gratuity is a statutory requirement. In case an employer fails to pay gratuity amount to an employee, he shall be liable for punishment. Where the employer fails to make payment of any gratuity payable to the employee, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. Any employer who contravenes or makes default in complying with any of the provisions of the 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. If an employer makes any false statement or false representation in order to avoid any payment to be made by himself under the Act or of enabling any other person to avoid such payment 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.

REMEDY IN CASE THE EMPLOYER DOES NOT PAY GRATUITY

If the amount of gratuity is not paid by the employer within the prescribed time to the said person, he/she has the right to file a complaint to the Controlling Authority under the Payment of Gratuity Act within the area where the employer’s establishment is situated or where the employee was working at the time of termination. Moreover, the aggrieved person can also approach Labour Courts to get relief and justice.

File a complaint before the Controlling Authority under the Payment of Gratuity Act within the area where this (your ex) employer’s establishment is situated or at the place where you were working at the time of termination.

Alternatively, you may take recourse approaching the labour court.

However, before taking recourse to the above remedies, you are advised to shoot a legal notice to your co.

The relevant portion of payment of gratuity act and rules will apply in your case.

Send a legal notice to the employer for releasing your gratuity.

SC has held that the gratuity in not bounty and is your right which can not be denied.

Even if after sending the legal notice, the gratuity is not released then File a complaint before the Controlling Authority under the Payment of Gratuity Act. the said application has to be filed within the area where the employer’s establishment is situated or where the employee was working at the time of termination.

Send the application physically.

I can help you in sending the Legal Notice and can guide you as to how to send the application and what to write, it will be good for you if you pursue the same personally.

Regards

1)Since you have completed 5 years of service you can apply for the payment of gratuity in Form I to your employer under the Payment of Gratuity Act

2) if your company does not pay the gratuity you can knock the doors of the Labour department. The concerned Asst. Commissioner of Labour is the controlling Authority under the Act.

you have to apply to controlling authority personally or through post

2) you can also issue legal notice to your employer to pay your gratuity amount

Hi Amar , it is advisable to serve a legal notice to the company to pay the due salary ..if the company fails to do so , you can approach labour forum to recover the amount alongwith compensation

Yes,

Call me at [deleted].

And meet me whenever you are free as I will be needing some documents from you.

Dear Client,

Issue legal notice for payment of Gratuity, fail to do so, File an application to Controlling Authority U/s 8 of Payment of Gratuity Act.

You can file civil suite where the company situated to recover your retirement benefits especially gratuity etc.After calculating amount as per the act and also by laws prescribed in company.

Thanks

Venka Reddy P

Advocate

Dear Mr Amar

Your case shall be covered by the payment of gratuity act and rules.

The employer shall arrange to pay the amount of gratuity within 30 days from the date it becomes active i.e. from the day the person retires or his employment is terminated, to the person to whom the gratuity is awarded. If the amount of gratuity payable under the section is not paid by the employer within the period specified, he will have to pay simple interest on it from the date on which the gratuity becomes payable at the rate in coherence with the guidelines laid down by the by the Central Government.

Payment of gratuity is a statutory requirement. In case an employer fails to pay gratuity amount to an employee, he shall be liable for punishment. Where the employer fails to make payment of any gratuity payable to the employee, he shall be punishable with imprisonment for a term which shall not be less than six months but which may extend to two years. Any employer who contravenes or makes default in complying with any of the provisions of the 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. If an employer makes any false statement or false representation in order to avoid any payment to be made by himself under the Act or of enabling any other person to avoid such payment 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.

If the amount of gratuity is not paid by the employer within the prescribed time to the said person, he/she has the right to file a complaint to the Controlling Authority under the Payment of Gratuity Act within the area where the employer’s establishment is situated or where the employee was working at the time of termination. Moreover, Amar you can also approach Labour Courts to get relief and justice.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Send a legal notice to the organization, failing which lodge a complaint to the Labour Directorate in your State, If you would not get positive result then file a case in Labour Tribunal in your State

If there is no response for your requests, you may send a legal notice to the company about the settlement of gratuity.

If there is no response for that also then you can meet the commissioner of gratuity within your jurisdiction with a complaint requesting redressal of your grievance and settlement.

Thanks for the response.

Can u please tell which application to be submitted and can you do this on behalf of me?

And Also mode of application submission-i.e post or online or Physical?

If you need assistance of an advocate you can engage the services of the chosen advocate on the terms of the advocate for this purpose.