Partner - Risk Management
Epf & Esi Matters
Korgaonkar K A
25th May 2013 From India, Chandigarh
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.
25th May 2013 From India, Indore
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.
26th May 2013 From India, Mumbai