• Gratuity from company

I worked with the company called Merint Infrastructure Limited at Mumbai, during Nov 2002 to January 2008. successfully worked  6 years without any interruption and break...  Since i have relocated to my village, i could not claim my gratuity... As informed by my colleagues, they have  taken  gratuity policy.  But just few days ago i written to them about my gratuity and they replied me that since my service releving date was  7 years ago, they dont have the details, since they could not help me out. 

Is there any way out to claim my Gratuity or else i can just ignore about it. Please confirm  
Asked 1 year ago in Labour from Bangalore, Karnataka
There is no limitation for claiming gratuity. Since you  had rendered continuous service of five years, you became entitled for the same. apply in the prescribed format which you can look in 'The Payment of Gratuity Act, Since you did not apply earlier, you might not get interest on your dues. 
H. S. Thukral
Advocate, New Delhi
516 Answers
125 Consultations
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hi,
 There is not time limitation to claim your gratuity
1. Send them a legal notice providing the details fo joining an resignation
2. If the gratuity is not provided despite the notice being served, file a recovery , if you resigned a  managerial staff it should be filed in  in the civil court or else in the labour tribunal
3. There is no reason that you cannot claim you gratuity.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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Hello,
1) The fact is that your gratuity claim is time barred.However you can get the delay condoned by approaching the controlling authority.

2) There are instances where the delay has been condoned for 7 years and more.

3) Even if they have no details there will be a work around.

4) So apply for the delay to be condoned and claim your gratuity.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. Not having details is no valid reason for not paying gratuity,

2. The Company should have processed the gratuity papers of its own and should have asked you to sign necessary application/claim form at the time of your retirement,

3. Send your Company a legal notice to this effect asking for the said payment within 30 days thereof,

4. If you do not get te relief, complaint before the Commissioner of P.F.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
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Since Gratuity law has retrospective effect, you are entitled to get the grauity and it is no ground to say that since the reliving date was 7 years ago and records cannot be found so you are not entitled. It is advisable that you send a legal notice to them demanding the gratuity amount.
Shaveta Chaudhary (Sanghi)
Advocate, Chandigarh
821 Answers
60 Consultations
5.0 on 5.0

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