Nishant (IT Analyst) 28 July 2010

Gratuity fund has not been paid by employer after retierment

Dear Sir,

My father was working in Uttar Pradesh State Warehouse Corporation . It is semi government department of Uttar Pradesh government. He got retired from his services in aug-2009 after serving more than 30 years for this department. Since he was eligible to get provident fund and gratuity so he get 90% amount of provident fund till now but employer has stopped payment of gratuity. The reason conveyed by employer is that loss had been occurred in the grain shortage. Since there was neither any enquiry set up by employer in his tenure not he got suspend for same in his service tenure. So I have few quires regarding same.

1. Does any employer can stop payment of any fund after retirement of services by conveying any unconventional reason post retirement.

2. How my father can get the gratuity amount.

3. How I will expedite legal process for same.

Request you to help as he is not rewarded with pension from this department as well as department also stop payment of his gratuity fund which is his right to avail.

Reply Follow

7 Replies

Isaac Gabriel (Advocate) 29 July 2010

Gratuity cannot be stopped,deducted,adjusted or postponed for any reason.As your father has retired, a case could be filed with the competent auothority for the recovery of the gratuity amount entited.

Nishant (IT Analyst) 29 July 2010

Dear Sir,

Thanks a lot for ur gr8 support..Now i am requesting to guide me that how should i procced legally for encashment of gratuity fund and other funds that can be avail post retierment

SHARAD CHANDRA DANEJ (Asstt. Manager) 29 July 2010

Dear Nishant,

I fully agree with Mr. Gabriel. Let you father fight with his department. Gratuity and PF cannot be stopped abruptly. If there has been loss in storage, then the department should have enquired into this.

S C DANEJ

SHARAD CHANDRA DANEJ (Asstt. Manager) 29 July 2010

Dear all,

Please let me know if people are fighting in court about the recent amendment in 2010 about Gratuity act especially its date of implementation. The Central govt employees are getting the enhanced gratuity from 1.1.06 but others are getting it from 24.5.2010. This is injustice. I have heart that one Mr. Badjatya, retd official of SBI is fighting this discrepancy at Indore High Court. Please let me know details, if anyone knows.

S C DANEJ

Amit Sahoo (IT Manager) 24 August 2010

Hi,

I am facing same kind of situation for myself. I worked in a company A for 10 years. A part of the company A was acquired by another company B. I am also part of company B. But when I go back to my old company A and ask for my gratuity amount for the 10 years that I worked there, they are saying the discussion is on hold. Company A and B are having issues and few employees like me are affected. Out settlement amount like gratuity fund is on hold and we don't know how to resolve this.

Please help me. Is there any legal way where I can approach this issue?

Thanks,

Amit.

sandeep shukla (professional) 25 August 2010

Hello Nishant,

gratuity can not be stopped if there is no pendency of any disciplinary proceeding against any employee. and in your case there was no enquiry pending against ur father at the time of his retirement. now there is a question that - has your father been chargesheeted till date or not, because disciplinary enquiry aganist any retired employee can not be initiated with out approval of the Governor.

therefore the shortest way to solve the matter is filing a writ petition under article 226 with a prayer of mandamus(direction to employer to pay the gratuity) coz in your case till date you have not recieved any written explanation or reason that why the gratuity cant be paid?

Sandeep Shukla

Advocate

High Court,

Lucknow Bench