Interest in gratuity
staffy
(Querist) 31 March 2014
This query is : Resolved
hello,
i took vrs from my service ,with inquiry pending as an alligation of not attending my boss after office hours at his house for dictation,my alligation was dismissed,
my gratuity is pending,will i m going to receive interest on delayed payment of gratuity,for 1.5 years?my gratuity was ordered in 1feb 2014 but still pending ,will i m going to receive interest for 1.5 years i.e time i fought inquiry,if yes under what provisions of rajasthan service rules,i want to quote it in my application.
V R SHROFF
(Expert) 31 March 2014
nobody stop you claiming it..
staffy
(Querist) 31 March 2014
Under what section,can I claim ,
Guest
(Expert) 31 March 2014
If no disciplinary case was pending against you on the effective date of VRS or, if pending, you have been exonerated from the charge, you can claim interest on gratuity from the due date of payment, if payment is delayed beyond one month.
Before asking for interest, first get payment of the amount of gratuity.
Kumar Doab
(Expert) 31 March 2014
You have posted that;
“my gratuity was ordered in 1feb 2014 but still pending ,”
Who had ordered it?
You should get the payment of Gratuity and interest for the period it was delayed!
Does the employer have its own Gratuity rules and trust and do you have the copy of rules.
You may acquire copy of such rules.
OR does the Gratuity in the establishment is as per Payment of Gratuity Act 1972…………
Did you submit prescribed form e.g. FormI under acknowledgment?
You may write to appointing authority, MD that notice of determination of Gratuity was never supplied to you despite representations on dated…………………………..to Mr/Ms…………………………..name of establishment, address…………………………….in person/by email/by phone…………………..etc and payment has not been released.
If the Gratuity in the establishment is as per Payment of Gratuity Act 1972, then you may refer to;
Section: 7:Determination of the amount of gratuity: (3A)………..
You may also go thru:
Section:Penalties; and emphasize on word ‘WHOEVER’……………..
It is well settled that:
“It is thus……………………….(PF, pension, Gratuity)………………….. hard earned benefit which accrues to an employee and is in the nature of "property". This right to property cannot be taken away without the due process of law…………………………..”
““………..amounts paid towards gratuity and pension could not be attached in view of the provisions of proviso (g) of Section 60(1) of the Code of Civil Procedure”
Gratuity can not be forfeited without speaking order.
There are many threads that you may find relevant e.g;
http://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp#.UqC5qdIW1MA
staffy
(Querist) 31 March 2014
It is under Rajasthan govt.service rules.rajasthan judiciary I was working
