Is Your Last Employer Refusing To Pay Gratuity? Know the Rules.
The applicant who’s aggrieved by non-receipt of gratuity shall ship a authorized discover, together with paperwork of employment to the involved establishment to make the cost of the non-paid quantity of gratuity together with curiosity at 10 per cent
I’m a 64-12 months-previous retiree. I’ve labored in a personal firm in two tenures — 2000-10 and 2012-22. After my retirement, the corporate paid me gratuity for the second tenure however is just not giving it for the primary tenure of 2000-10. Am I eligible for the gratuity of each the tenures? If sure, what choices do I’ve now to get the gratuity?
Answer: The cost of gratuity to an worker by the employer is roofed by the Payment of Gratuity Act, 1972. Gratuity is a statutory proper of an worker below the Act. Withholding of such statutory proper to an worker is just not permissible below any circumstances apart from these talked about in part 4(6) of the Act.
To reply the queries, sure certainly, as per Section 4 of the Act, the worker (Teacher) is eligible for receipt of gratuity from the establishment, for the interval of 2000-10, in addition to for the interval between 2012-2022. In the current case, the worker is eligible to obtain Gratuity for the interval of 2000-2010, for having accomplished 5 (5) steady years of service from 2000-2010.
Furthermore, the worker’s re-employment for the interval of 2012-2022 shall be thought-about as contemporary employment, for the aim of the Act, and publish-completion of 5 years, the worker is eligible to obtain the gratuity for the interval of 2012-2022.
The Applicant who’s aggrieved by non-receipt of gratuity shall ship a authorized discover, together with paperwork of employment to the involved establishment to make the cost of the non-paid quantity of gratuity together with curiosity at 10 per cent (10 per cent each year as the speed of straightforward curiosity as prescribed below the Notification below part 7(3-A) dated October 1, 1987) from the date from which the quantity fell due for cost by the establishment.
In case the gratuity nonetheless stays unpaid from the employer then statutory proper below Section 8 for Recovery of Gratuity could be availed, which is to file a grievance earlier than the Controlling Authority prescribed by the state notifications, which at sure locations could be the workplace of the Labour Commissioner. The Controlling Authority publish satisfaction of the paperwork on report, points a certificates of assortment to the Collector to get well the quantity from the employer.
(Smita Paliwal is companion at King Stubb & Kasiva, Advocates and Attorneys)
