• Gratuity payment delay from employer

Sir , I have resigned after serving 6.5 years service in a company due to some personal reasons as Addnl. GM , The company has relived me honorably, Now after lapse of 5 months , company is unable to pay the gratuity even after numerable oral requests . The problem is company is under NCLT and IRP , the Gratuity policy with LIC is lapsed 5 years back . Now can you guide me how to recover my gratuity .
Asked 4 years ago in Labour

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8 Answers

Sir if the company is in NCLT and the moratorium is passed and IRP is appointed in that case file a claim for the dues of the gratuity in prescribed form as workmen the NCLT shall consider you as operational creditor and from liquidating the company they will try to pay off your debts and full and final settlement.

http://www.vnril.com/pdf/schedule-of-claim-forms.pdf refer page 7 form D for the claim form same has to be filed and submitted with IRP within 15 days of the moratorium order is passed.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If an employer fails to pay due gratuity even after the receipt of application in Form-I, the claimant employee or his nominee or legal heir, may within 9 days of the occurrence of the cause for the application, should apply to the Controlling Authority for issuing direction to the employer under Section 7(4) of the Act, to release the amount of gratuity payable.

After conducting the enquiry as prescribed, the Controlling Authority will determine the amount payable and direct the employer to make the payment.

If the employer fails to comply with the direction the Controlling Authority can direct the Collector to recover the amount due and pay to the applicant employee.

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Hello,

Your gratuity is your right and the company is liable to pay the same.

send a legal notice to the company.

Which matter is pending before the NCLT?

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Dear Client,

Under bankruptcy code, the gratuity fund shall not be used for recovery in the liquidation. If moratorium is not ordered than can approach labor court for recovery.

And upon liquidation assets shall be distributed first to clear any unpaid dues owed to employees. So you can submit your claim in NCLT before resolution professional.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

According to the Payment of Gratuity Act, 1972, an employee is eligible to receive gratuity if he has rendered continuous service for at least five years with an organisation. This gratuity is payable to the employee.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Submit your claim before the resolution professional appointed by NCLT.

Junaid Ali Khan
Advocate, New Delhi
173 Answers
1 Consultation

4.7 on 5.0

Please see Whether they have obtained some orders from the NCLT and what is the status of the case before NCLT. Obviously there should be some order regarding perks of the employee and what is the prayer before NCLT, any step can be taken after that such as to recover the gratuity etc.

Koshal Kumar Vatsa
Advocate, Gurgaon
2283 Answers
3 Consultations

5.0 on 5.0

You first issue a legal notice to the company demanding Gratuity payment, let them give reason for non-payment of the same.

After that you can initiate suitable legal action for recovery of gratuity amount through appropriate forum.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

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