• I want gratuity from my previous employer

I want gratuity from my previous employer. I have worked in an educational institute for 6 years 2 months. This Institution has more than 1000 employee working. They are a trust. I resigned from the job on 30th May 2017. I was not aware of this Gratuity thing so I applied for it on 18th February 2019. And they are refusing to give a gratuity. Please let me know if I go for the case will I be successful in getting gratuity?
Asked 6 years ago in Labour

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14 Answers

1) Yes, you are eligible for gratuity, on what basis they are refusing you the gratuity payment. Kindly check first gratuity amount that you will be getting and than go for legal case against institution.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

yes, you will be successful and will get gratuity.

The gratuity amount depends upon the tenure of service (minimum five years) and last drawn salary.

you are eligible to get a gratuity for six years tenure,

now you are advised to reach the Controlling Authority under Payment of Gratuity Act of your area and apply the gratuity in the proper format.

Good Luck

 

Suneel Moudgil
Advocate, Panipat
2386 Answers
6 Consultations

Yes you will be successful in getting the same. 

Kindly share more details so that we may advise you the correct course of action. 

Regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

you are entitled to gratuity from your ex employer as you have worked in said organisation for more than 5 years 

 

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.

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

Have they given out any reason to you for non payment of gratuity?

Having worked in this organisation for over 5 years, you are entitled to payment of gratuity. Send a legal notice to this employer in the present matter.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Dear client,

You are entitle to gratuity . File complain to Labour commissioner.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

Raise the dispute with the local labour court wherein necessary order can be passed to release the gratuity pending for arrears.

If in spite of this the payment is not made then the court can issue warrant of arrest against the concerned official to implement the order.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

you can file claim before the Controlling Authority under the Payment of Gratuity Act within the area, your employers establishment is situated or where you were working at the time of termination.

FAILURE TO PAY GRATUITY :
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

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

First send them a legal notice. If they don't resolve the same file a complaint with Labour Commissioner if not resolved by labour commissioner in mediation then you can pursue the complaint before labour Court.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You can apply with a delay condonation application to the labour commissioner for payment of the gratuity.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Dear Sir,

You may approach the concerned authority and if refused, you may approach the Service Tribunal or High Court.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

If the trust or the organisation is refusing to grant gratuity then you may first confirm that if the trust is coming under gratuity payment rules.

To be eligible for gratuity under the Gratuity Act, an employee needs to have at least five full years of service with the current employer, except in the event that an employee passes away or is rendered disabled due to accident or illness, in which case gratuity must be paid.

The Payment of Gratuity Act, 1972 (the Gratuity Act) is applicable to employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments with ten or more employees. The full official text of the Gratuity Act can be found here. Gratuity is fully paid by the employer, and no part comes from an employee’s salary.

 

You can submit a complaint to the commissioner of gratuity within your jurisdiction for non-payment of gratuity by your employer.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Yes you are entitled for the same and for the purpose file a case before the controlling authority which is Labour Commissioner.

Koshal Kumar Vatsa
Advocate, Gurgaon
2282 Answers
3 Consultations

  1. As per the information mentioned in the present query, makes it clear that your privious employer has been refusing to give you the fruity amount which is itself a right vested in you by the law of our country if you have competed 5 years of service at one place (which you have competed).
  2. The limitation period to claim the gratuity amount is of three years, so you are within the period of limitation asking for your right.
  3. Whtehr it is a trust or not or soother sort of organisation, gratuity is the right of an employee irrespective of his post and position also.
  4. You should send them a legal notice for giving you the gratuity amount within a period of 30 days, otherwise you will have to approach the court of civil law including the interest amount also then, if not paid within the time period specified above.

Sanjay Baniwal
Advocate, South Delhi
5477 Answers
13 Consultations

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