Delay in claiming Gratuity Amount

shantilal k. patel (Querist) 11 August 2008 This query is : Resolved

Dear Friends,

Claim of Gratuity must be made in the
form prescribed under the Payment of
of Gratuity Act or a simple letter
from the employee to the employer for
gratuity amount will be sufficient.

In my case I caimed gruity amount sending
a simple letter in 1999 to the firm.The firm replied stating to meet the Manager of
the employer. I met the Manager but
there is no proof of my meeting. He told that the matter is under consideration and since there is a change in the constitution of the firm it will take sometime. Ultimately they told orally that it is time barred. I was thereafter, requesting for the Gratuity amount orally. Ultimately I approach the controlling authority in 2005.
After hearing me controlling authority condoned the delay and now there is a new
Ass.Commissioner who has to pass the order on marit.
My question is
Delay is condoned so the order has to
be with interest @ 10% interest. Or the
Asst Commissioner can pass order without
Interest also?
The delay was for about 7 years but it
is condoned. Whether in appeal it can be
reversed and case can be dismiss?
S.k.PATEL

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H. S. Thukral (Expert) 11 August 2008
why did you file the application for condonation of delay, when you had written to the employer for payment of Gratuity amount in time ? If the delay is attributed to employee then interest is not payable.

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