LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

raj (other)     20 July 2016

Time period for applying gratuity

My brother worked for a private engineering college for 8 years. His job was terminated for poor admission in the college.He was not aware of gratuity law. Now he came to know that some of the employees got gratuity amount.

1. Is it the responsibility of employer to pay the gratuity or employee need to apply?

2. Can he apply for gratuity after 2 year 9 months.

3. What is the procedure to apply for it?



Learning

 8 Replies

Kumar Doab (FIN)     21 July 2016

The employer has to supply the Notice of Determination of Gratuity and payment of Gratuity within 30dasy from LWD, even if no application is made by employee, or interest @10%pa shall have to be paid by employer.

 

There is no limitation.

 

Submit FormI, with a letter and mention that  Notice of Determination of Gratuity and payment of Gratuity was not supplied till date.

 

If you are unable to rsolve on your own, lean on your able counsel specializing in Labor/Service Matters.

 

If the matter is not resolved and is before authority apply to condone thedelay.

 

 

 

raj (other)     21 July 2016

Thanks. Can you please tell from where the form can be downloaded/obtained?

Ritesh Maity (Labour Law Advocate)     21 July 2016

You can apply for gratuity after 2 years and 9 months. 

You have to send the Form I to your employer within 30 days from the date of cessation of employment. If the employer does not pay, then within 90 days, you have to file FORM N before the Controlling Authority under the Act. 

So first file FORM I and then FORM N. 

While filing the FORM N, you have to file an additional petition for condonation of delay where you are required to mention why did you file case (FORM N) in a delayed condition. 

 

raj (other)     22 July 2016

Can we apply the gratuity with 10% interest ?

Kumar Doab (FIN)     22 July 2016

Obtain FormI from nearest o/o Labor Commissioner.

Or search Google.

Or your counsel can also provide a copy.

The establishment which employed you should have provided a copy.

raj (other)     23 July 2016

Will it be legal to claim gratuity with interest?

Kumar Doab (FIN)     25 July 2016

The interest is duly inserted in statue.

What is the opinion of your owen able counsel specializing in Labor/Service Matters?

Kumar Doab (FIN)     25 September 2016

The query is also posted at;

 

https://www.lawyersclubindia.com/forum/Time-limit-to-sue-employer-in-case-of-termination-142547.asp


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register