>>> The appointing authority is person/designation that has signed on appointment order of the employee.
The Chairman is Chairman of the educational instt. where employee was employed.
The address of both should be known to the employee.
>>> The enactment applicable in case of employee as already noted by you is: Payment of Gratuity Act 1972 and you have already made note of Sec 2(e), 7. You may also refer to: Sec 3, 4, 4A, 7A, 8, 9……………….
>>> You may also refer to The Payment of Gratuity (Maharashtra) Rules, 1972:
5) Compulsory insurance of the employees is to be obtained.
You would note that in state of Maharashtra the condition of compulsory insurance has been notified. Therefore each employer should compulsorily obtain insurance. This is also in favor of employee.
If the employer fails to do so it is provided for that:
“Whoever contravenes the provisions of sub-section (5) shall be punishable with fine which may extend to ten thousand rupees and in the case of a continuing offence with a further fine which may extend to one thousand rupees for each day during which the offence continues.”
Therefore employee may demand to inform him in writing the name of insurer, policy number, log in id and allow him to log onto the Gratuity a/c………….
The employee may also try to find out from P&G section of LIC. He may have to try with Div. Manager-CRM or pursue thru RTI.
If the employer has obtained compulsory insurance the insurer (usually LIC) would create an a/c for employee and release Gratuity, payment certificate, and payment by cheque to the employer.
There are judgments by court of law that has decided that employer shall have to release full payment (without keeping even a penny ) to the employee even if amount of Gratuity determined as per formulae of calculation of Gratuity is less than amounts released by LIC.
Therefore employee may also demand certified copy of payment certificate, and cheque released to the employer.
Nedupuzha Service Co-Operative ... vs K.Rugmani
https://indiankanoon.org/doc/77470836/?type=print
>>> The employer should make the payment of Gratuity within 1 month.
Since employer has not supplied the ‘Notice of Determination of Gratuity’ as per Sec7 the employee may submit FormI ( provided for in the attachment) along with a covering letter thru redg. post under proper acknowledgment stating that despite representations in person in office /by letter/ email/phon etc (if possible mention dates, names, designations etc) the 'Notice of Determination of Gratuity' has not been supplied to him and FormI is attached.
If the employer still does not pay the employee can approach Controlling Authority of Gratuity (state or central as the case may be in case of employee who should asses which is appropriate govt. in his case; state or central) in person or thru any person authorized by him.
It shall be appropriate to approach a competent and experienced labor consultant ( which may not necessarily be a lawyer)/ lawyer-law firm dealing in labor/service matters and proceed under expert advice of your counsel.
The employee can also approach employee’s unions, trade unions.
>>> You would notice from various publications that some employers have been miser in payment of Gratuity and have very narrow view, despite the clear provisions of Payment of Gratuity Act and judgments by courts of law.
The designated personnel in HR/Admin/personnel dept have to advise the employer to release the gratuity and employer should release the gratuity even if the designated personnel misguides or subscribes to unlawful advise of employer……………..
Therefore it may not be out of place to emphasize upon term “WHOEVER” in Sec: 9 of Payment of Gratuity Act AND seek penalty and punishment including imprisonment as provided for such “WHOEVERS”………………..
