Gratuity money recover from employer
abhay kumar singh
(Querist) 05 May 2014
This query is : Resolved
dear sir,
pl. advice us can we file criminal case against employer to pay gratuity money after complete his five years service & what is procedure for filing the case.
Dr J C Vashista
(Expert) 05 May 2014
It is not an offence.
Issue legal notice through your lawyer for non-payment of gratuity.
Did you leave the service after 5 years?
Advocate Bhartesh goyal
(Expert) 05 May 2014
File an application through lawyer before the controlling authority u/sec 8 & 9 of the act and get the order.
Payment of Gratuity Act,
8.Recovery of gratuity.-
If the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at the rate of nine per cent per annum, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto.
Rajendra K Goyal
(Expert) 05 May 2014
Send notice to employer and if not paid file case.
Kumar Doab
(Expert) 05 May 2014
AS advised by Mr. Goyal Sec9 provides for provisions of penalty and punishment and imprisonment.
Put an emphasis on word 'WHOEVER' in Sec9 and establish who is this 'Whoever'.
abhay kumar singh
(Querist) 08 May 2014
Sir J C Vashista ,
yes he leave the service after 5 years complete. in this matter kindly suggest can we also file a case in district consumer forum court or not?
Guest
(Expert) 08 May 2014
Not a case for consumer forum.
The employee should first apply on prescribed form for gratuity, if the organisation falls within the ambit of payment of gratuity act. If the employer still fails to pay, he should apply to the designated officer of the concerned state/central Government for recovery from the employer and payment of gratuity to the employee.
Kumar Doab
(Expert) 08 May 2014
What exactly is the reason for non payment of Gratuity?
Is it conveyed verbally or in writing?
Record all verbal transactions (audio/visual) and generate to determine the onus on specific and concerned personnel of the company to press charges under Sec:9.
If you post it then further information can be given.
Payment of Gratuity Act: Sec: 1(3,3A), 2(a),2A, 7
The employee may submit preferably by letter thru redg. post addressed to appointing authority , MD,………….narrating all representations made so far in office, by email, by letter etc (mention phone numbers, names/designation etc……………….and brief minutes of discussion) and conclude that despite demands and representations Mr/Ms………………….(those who are responsible, and those who have been causing haraassment) have not supplied the notice of determination of gratuity and payment of gratuity and formI is attached and postage prepaid, self addressed envelope is also attached for sending the reply and instrument of payment of gratuity payable at……………………….so as to be received within say……………………..7days by redg.post only.
If employee is eligible then he shall get interest @10%pa for the delayed period.
If employer maintains studied silence approach o/o Labor Commissioner at his location and ALC/DLC may issue FormN.
Depending upon the appropriate govt. as in case of employee (state/central) employee can approach controlling authority of Gratuity.
Local labor consultant/service lawyer and local o/o Labor Commissioner can help.
T. Kalaiselvan, Advocate
(Expert) 08 May 2014
Well advised by expert Mr.Kumar Doab on the issue, I fully agree with his views and opinions.
abhay kumar singh
(Querist) 09 May 2014
thanking you expert for giving valuable advice/suggestion on this matter
Guest
(Expert) 09 May 2014
You are welcome.
