Please help it's urgent

Serve them a legal notice without wasting any further time. 

Show all record of emails, telephone calls to your lawyer.

Do you have the copy of POD and acknowledgment of PF forms? Company should ideally submit the PF forms within 5 days; however companies have internal process of submitting forms by specific dates of month. The RPFC issues acknowledgment and companies is duty bound to supply this acknowledgment to employee. Provide the details to your lawyer.

You can also lodge complaint with RPFC.

As understood from the write up and grievences, it is a case where the employer with a malafide intention causes delay in making full and final settlement of the money due to the employee. It is presumed that the employee has a legitimate claim against the employer under Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 and the Payment of Gratuity Act. In order that the statutory rights are well understood, the following eloberate discussion is preferred. 

Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 enacted by the Parliament makes various statutory provisions for carrying out the object of the Statute. The Act empowers the PF Inspector to gather the relevant information in relation to statutory payment, or non payment to the employees. The Inspector has other statutory functions to be discharged. 

The specified authority under Section 7A of the said Act has power, authority and jurisdiction to "determine the money due" from any employer. The said authority is obliged to afford reasonable and proper opportunity to the employer and pass such order as he may deem fit in the facts and circumstances of the case, either inclining or declining the reliefs in relation to the claim for payment to the employee.

There are certain statutory conditions so as to make the said Act applicable. As laid down and enacted, there shall be at least 20 employees, or more in any factory or establishment. If that be so, the Act is applicable and the employer is bound to furnish the relevant information and contribute 10 per cent of the basic wages and such other allowances.

The employer should not conceal any material facts and circumstances and that the employer should have provided full facts and information including the names of the beneficiaries. If, at any time, the employee suspects the prejudicial actions on the part of the employer with malafide intention, the facts should be reported to the specified statutory authority and in particular to the Inspector entrusted with a duty to see that the provisions of the Act are complied with.

Here, what has been stated is that the "false promises" have been given and there is a long rope provided in the matter of settlement of money due to the employee under the scheme of the Act. Under such circumstances, the better course is to serve a notice to the employer without further delaying the matter contending to the effect that a particular employee served the employer for such a period and after the order reliving is passed, the employer has not deligently processed the statutory payment.

The employee should also come out with true facts and specifically state that the employer has "committed violations of statutory provisions" by causing delay in settlement of money due. And send the copies of the said notices to the Inspector and the Regional PF Office with a request to intervene in the matter. Perhaps, the employer with fair practice would always take quick actions of complying with notice. And if, the actions are not taken in possitive directions, the employee will have one course open to file a claim before the authority, who shall determine the money due and pass the recovery certificate.

The Recovery Certificate that is issued after adjudication and determination is enforced against the employer as provided under the Act and thus, the money due and declared under the Recovery Certificate is released to the employee. The provisions under the Gratuity Act are some what similar and machinery has been established for recovery of money due even under the Payment of Gratuity Act. So, nothing seperately discussed here. 

Now that there is a Right to information Act available as a weapon to seek the information.. Employee should, beside the notice, also ask the Office of the Regional Commissioner and Inspector under the Act to provide the information as to whether the employer has provided full facts in relation to its establishment, the names of the beneficiaries and as to whether the said employer is carrying out the statutory duty under the Act. If not, whether the Inspector and or the specified authorities under the Act intend to prosecute the employer for having committed violations of the statutory provisions. This is important, because, the failure to comply with the statutory provisions and failure to contribute the money towards the PF expose the employer for criminal prosecution.

Hope, the aforesaid discussion will defuse your mental agony and resolve the issue. If you have anything to clarify, let the further unchained facts and circumstances be posted in this forum, which will be answered as fatest as possible.   

i left the job on 30.05.2012 and joined on 18.08.2007..can i get gratuity...my director told me that 5 years not completed thats why u wont get...

But,4 years and 240 days worked it treats as 5 years as per law...as per madras high court verdict..

can u clarify ...pl..

Employer should pay in a month. If you had tendered notice of resignation your date of retirement was known to the employer. Try by writing to your appointing authority, MD, Company secretary. Then submit form I with a copy to Controlling Authority and obtain acknowledgment.

If the employer delays the payment it shall have to pay interest.If the good offices also maintain studied silence and do not provide releif you may approach o/o Controlling Authority which may be DLC in your case.

Rules of Payment of Gratuity:

7. Application for gratuity.-(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer:

    Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.

8. Notice for payment of gratuity.-(1) Within fifteen days of the receipt of an application under rule 7 for payment of gratuity, the employer shall-

if the claim is found admissible on verification, issue a notice in Form 'L’ to the applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof,