K S SESHADRI (Retired) 23 June 2012

Non-payt of gratuity

After long Central Govt Service /thereafter PSU/ VRS/ then NRI for 11 years, I am settled at chennai. At my age of 58 yrs-10 mths, I Joined a multi crore multi branch Steel Scrap Dealer at Chennai as Accountant, and resigned on my own due to transportation problems and ageing, on 31.12.2011, i.e after full continuous service of 6 1/2 years. The appointment and release have properly recorded documents. I had applied to them for gratuity, but no response. NO PF is deducted. Although it is multicrore organisation, with full businessstatutory obligations carried out, in the matters of PF and gratuity they are blind.

My Question is:

My age criteria is any bar in this matter?

What is the exact address of concerned officers (Tamil Nadu) & (Karnataka where the company is Registered) to whom I can send my representation ?

Or Legal notice is only the way?

Pl help with a reply

Best Regards

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2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 June 2012

Gratuity in earlier days was rather arbitrary and completely hostage to the whims of the employer. A wealthy, well-established employer would reward his dedicated employees and the not so rich would refuse such generosities. This led to a lot of discord and finally the government stepped in, passing the Payment of Gratuity Act, 1972, making it mandatory for all employers with more than 10 employees to give them gratuity.

Employees, as defined here, are the ones hired on company payrolls. Trainees are not eligible and gratuity is paid on the basis of the employee's basic plus dearness allowance if any.