Payment of Gratuity -REG
Querist :
Anonymous
(Querist) 18 April 2011
This query is : Resolved
Dear Sir,
One Employee of Engg.college has served 8.7 years in the institution,he resigned and now he is claiming for Gratuity,but employer is refusing to release the gratuity amount by stating that you have not served the notice period,when employee joined the organisation,there was no condition about the termination of employment,in the appt.letter nothing has mentioned about the termination of employment (Both Sides),kindly clarify me whether employee has right to claim the Gratuity as per the Payment of Gratuity Act .
Guest
(Expert) 18 April 2011
Right of employee to claim gratuity cannot be denied.
First of all send your formal request to the college claiming your gratuity. If you receive any negative reply, you can serve the Engg. College with a lawyer's notice. If the management still does not settle the gratuity case, you can file a civil suit against the management of the college to get your right.
In your application you need not make any mention of notice period. Let the management first make a mention and then reply that there was no such condition in your employment letter.
Querist :
Anonymous
(Querist) 18 April 2011
Dear Sir,
Thanks for the Advice,i will proceed in this case as you said.
Srajadvo460
(Expert) 19 April 2011
You should first apply under Form I of the act to the management demanding the gratuity. The management is bound to give gratuity if any within 30 days of receipt of Form I from you. On failure you can approach the Controlling Authority appointed under the Gratuity Act under Form A of the act. The authority will decide whether you are entitled to any gratuity and at what rate.
Kirti Kar Tripathi
(Expert) 20 April 2011
Claim of terminal dues are not based on notice pay under the contract. Moreover, it an established position of law that the PF and gratuity can not be withheld. In case, the employer has any grievances regarding notice period or pay, he has a right to claim the same by filing of civil suit but he can not withheld terminal benefits and since gratuity is on of the terminal benefit, the same can not be withheld. So you are advised to file your claim before the controlling authority under the Payment of gratuity of your area.
