Partner - Risk Management
Epf & Esi Matters
Korgaonkar K A
Mohan Jeeva
Industrial Relations
+2 Others

Dear Sirs
Greetings of the day!
I worked for a company almost ten years in the Admin department. from Sept 2001 to Apr 2011
While leaving company I was not well and was hospitalised for around 15-20 days... before leaving company as per procedure I had served one month notice as per the co rules. since i was not well and could not able to contact the company for final settlement.
Now my question is that shall company pay me my Gratuity and other due payments...
kindly advise how to proceed to get the settlement payment.
Co is liable to pay you gratuity.salary for EL balance,salary arrears etc. Varghese Mathew 9961266966
Yes pl. why to have doubt in such a clear situation unless something else is on record. Chandok AK RPFC (Retd.)
Dear Sir
Thanks fo ryour quick response.
The thing is that they have not mentioned the gratuity payable or gratuity in the appointmentletter. Further there was no such leave rules on paper its like lala babu company no cl or el or medical theyused to deduct salary for every absent day in a month of a n employee.
Under the circumstances pls advise how to proceed // shall I send a letter to company for paying me my gratuity andother dues or what legal notice i need to send...
awaiting your valuable guidance.
Gratuity being a statutory right, need not be mentioned in appnt letter. For other things pl call. Varghese mathew 9961266966
You resigned in April 2011 You were sick after you completed your notice period. Assume you completed your notice. So why did ou wait for 2 years to ask for your full and final settlement ?
Dear Rajendra ji,

You have not mentioned how many employees are / were working in your LALA BABU company.

First we need to see whether POG Act is applicable to your company. If your company employs more than 10 employees, POG Act is applicable to your company and you are entitled to get gratuity.

Now the question is you have not claimed your gratuity and 2 years are over. Under this circumstance, is your claim extinguished?

As held in P Rama Rao v CA u/r POG 1996 LIC 2765 (AP) rule 7 is intended only to give an opportunity to employee to seek expeditious the payment. In this rule there is time limitation.

You are advised to make an application for gratuity to your company immediately with simple interest at 10% pa. 

If your LALA BABU company does not take any action on your application, you need to apply to the Controlling Authority u/r the Act (i.e. Labour Commissioner) in prescribed form with in 90 days for issuing necessary direction to your employer to pay you gratuity.

Wish you all the best.
According to our labour law says that the employer has to pay full and final settlement like E.L money, gratuity amt, other benefits of company .
if fail to pay full and final settlement by employer, the emplyee has sue case against company.
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