sandeepedp Started The Discussion:
Dear Sir, Is there any time period that we have to claim gratuity with in __ days after leaving the job or we can claim any time.
It is the obligation of the company to pay gratuity within 30 days of leaving of the employee even if the employee does not ask for it.
You can fill an application in form I if no intimation is received from the company (the company is expected to intimate date of payment of gratuity in form L) within 30 days; file a complaint before the District Labour Officer. The amount of gratuity is equal to 15 days salary for every completed year of service. If there is a fraction of a year of more than six months it shall be taken as one year whereas a fraction of year of less than six months shall be ignored.
Salary for this purpose will include basic salary and dearness allowance only and the gratuity is calculated on the last drawn salary.
Gratuity can be claimed any time after leaving the Job.
As per the Act, "Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years".
But, there is a time limit for the employer to pay the Amount of Gratuity to the entitled employee, whether the employee claim or don't.
As per Payment of Gratuity Act, it is the responsibility of employer to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.
Hope, this information will be helpful for you.
It's nice to know that you are concerned about your ex-boss. But my dear, how can your claim for gratuity now will hurt him in any way. I fail to understand. At the most you can show a gesture of thankfulness by now claiming interest for the delayed payment. Pl mind it, if you claim your gratuity after 10 years, it is just likely that you will be denied payment or you will have to run from pillar to post or even file a suit as because the person on chair at that time may ask for reasons for non-disbursement of gratuity when it was due. It is just likely that the staff dealing with the matter might have also retired and no body except your own felt concern will be able to explain the circumstances which might or might not be accepted by the then authority. The plea of "No dues" certificate may also come into picture, which will be very difficult to obtain then.
If your boss is equally concerned about you, he should be the first man to call upon you and ask you to file your claim for dues after resignation and obtain "No dues" certificate, which will be very difficult to obtain after 10 years.
Now the choice is yours.
I am fail to understand that why your boss will be hurt, if your claim your Gratuity...?? Are you thinking that your boss will be hurt just because he will need to pay you...!!
Gratuity is like an award, which is given to the employees for their dedication towards organization and work for a long time period. As mentioned, you worked 12 years for that organization, which is a very long period. In my opinion, your boss should be happy while paying you gratuity as you have given your 12 precious years in growth of that organization. So, just go ahead and claim your gratuity.
If you will wait for 10 years, then it is possible that the scenario will be changed after 10 years. And might be possible that you will have to face so many problems at that time as mentioned by the other learned members.
So, in my opinion, just go ahead and claim your gratuity without delaying.
Hope this will lead you to take a good decision.
For detailed information on this, you may go through the Act and can do more research on this.
I understand that law does not allow rights and liabilities of the individuals to remain undecided for a long period of time. If in any statute or law,there is no time limitation laid down for claim, the The Limitation Act, 1963 will be applicable. I think in said Act there is time limitation of three (3) years from the date the wages becomes due. In case dues of Gratuity or any other wages payable/due are not claimed within said period of 3 (three) years, then the opposite party (employer) can plead/ put forward argument that the claim cannot be enforced due to applicability of law of limitation as mentioned above.
Though under Gratuity Act, 1972 some cases can be found where Hon'ble courts have not agreed to applicability of the Limitation Act, 1963, but a period of more than 10 years is a very very long period and perhaps it will be difficult to justify the delay in raising claim if the matter is contested before the appropriate Hon'ble Court after elapse of such a long time.
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