PF Amont
Querist :
Anonymous
(Querist) 17 February 2011
This query is : Resolved
Hi,
I was worked 6 years in an IT Company and after that I put the resignation. The company is Private Limited. They are not deducting any PF or Prof. Tax from our salary. Company given us direct salary without any heads. In salary slip also only salary mentioned. Can I apply for the getting the PF and Gratuity amount from them. If yes, than can you please let me know what is the legal procedure to do.
Thanks.
A V Vishal
(Expert) 17 February 2011
YOU CANNOT CLAIM PF SINCE IT WAS NEVER DEDUCTED FROM YOUR SALARY, HOWEVER YOU ARE ELIGIBLE TO CLAIM GRATUITY.
Querist :
Anonymous
(Querist) 17 February 2011
Hi,
Thanks for you reply.
Can you please let me know. How can I do the procedure to get the Gratuity.
A V Vishal
(Expert) 17 February 2011
An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer. Further, an application in plain paper with relevant particulars shall also be accepted. The employer may obtain such other particulars as may be deemed necessary by him.
FORM ‘I’
[See sub-rule (1) of rule 7]
Application of gratuity by an employee
To ………………………………………………………………………………………………………….
[Give here name or description of the establishment with full address]
Sir/Gentlemen,
I beg to apply for payment of gratuity to which I am entitled under sub-section (1) of section 4 of the Payment of Gratuity Act, 1972 on account of my superannuation/retirement/resignation after completion of not less than five years of continuous service/ total disablement due to accident/ total disablement due to disease with effect from the …………… Necessary particulars relating to my appointment in the establishment are given in the statement below:
Statement
1. Name in full.
2. Address in full
3. Department/Branch/Section where last employed.
4. Post held with Ticket No. or Serial No., if any.
5. Date of appointment.
6. Date cause of termination of service.
7. Total period of service.
8. Amount of wages last claimed.
9. Amount of gratuity claimend.
I was rendered totally disabled as a result of
[Here give Detail]
Payment may please be made in cash/open or crossed bank Cheque.
As the amount of gratuity payable is less than Rupees one thousand, I shall request you to arrange for payment of the sum to me by Postal Money Order at the address mentioned above after deducting postal money order commission therefrom.
Yours faithfully,
Place Signature/Thumb impression of
Date the applicant employee.
Note:
1. Strike out words not applicable.
2. Strike out paragraph or paragraph not applicable.
Querist :
Anonymous
(Querist) 17 February 2011
Hi,
Thanks for your prompt reply.
Actually I was sent the FORM - I on 1st, Jan, 2011. After that they are not ready to pay my gratuity amount. Can you please guide me what I have to do now ?
Thanks
A V Vishal
(Expert) 17 February 2011
You have to appeal to the controlling authority.
A V Vishal
(Expert) 17 February 2011
Application to controlling authority for direction.-(1) If an employer-
(i) refuses to accept a nomination or to entertain an application sought to be filed under rule 7, or
(ii) issues a notice under sub-rule (1) of rule 8 either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity, or
(iii) having received an application under rule 7 fails to issue any notice as required under rule 8 within the time specified therein,
the claimant employee, nominee or legal heir, as the case may be, may, within ninety days of the occurrence of the cause for the application, apply in Form 'N' to the controlling authority for issuing a direction under sub-section (4) of section 7 with as many extra copies as are the opposite party:
Provided that the controlling authority may accept any application under this sub-rule, on sufficient cause being shown by the applicant, after the expiry of the specified period.
(2) Application under sub-rule (1) and other documents relevant to such an application shall be presented in person to the controlling authority or shall be sent by registered post acknowledgement due.
Querist :
Anonymous
(Querist) 17 February 2011
Hi,
Thanks for you such a good help and guidance.
For this procedure shall I have to hire advocate or I have to simple fill up the Form N and submit to controlling authority of our city.
Thanks.
Kirti Kar Tripathi
(Expert) 17 February 2011
Mr. Vishal has given the complete answer of query. nothing to add.
Basavaraj
(Expert) 17 February 2011
you shall not hire advocate for this, simply apply Form N before controlling authority
A V Vishal
(Expert) 17 February 2011
My opinion is hire an advocate who can deal the intricacies of law well.
