As per Gratuity Act if employee has rendered continues service for not less than 5 year then at time of employment termination employer is liable to pay gratuity. If employer is not giving gratuity then it is punishable under section 9 of Gratuity Act.
You should contact HR or top of management of company. If still your concern is not resolved then you can give application to controlling authority under section 8 of gratuity act. It will take bit time but your concern will be resolved.
You are eligible for gratuity as you worked more than five years on continuous basis You may file an Application for direction in Form "N" (under Rule 10 (1) before the Controlling Authority under the Payment of Gratuity Act,1972 at the appropriate RLC's Office under your jurisdiction.If you need any help and advise you may communicate the same to me.
When the company you worked itself is ready to face the court then there is no possibility of getting the Gratuity amount from them without resorting to legal action. Therefore donot wait and as per our friends advice please take this matter to labour commisioner to get justice.
My colleague Sh.Sibabrata Majumdar has given you the correct advise.You are eligible for the payment of gratuity as you have put in more than 5 years with the company.You have to assess as to who is the appropriate govt having jurisdiction to deal with the cases of your company whether Central or State Govt. Accordingly you have to approach to the Controlling authority of the area with an application containing full particulars of your service details in Form 'N'. The employer is supposed to pay the amount of gratuity within 30 days from the date, it becomes due. If it is proved that the employer has deliberately delay the payment of gratuity, the Controlling authority is competent to grant you the interest at the simple rate notified by the Govt. from time to time. The reasons advanced by your company that the client company has not paid them in full for the services they have provided shall not stand valid before the Controlling authority.Since you are present based in USA. I suggest you to authorize some person to appear before the Controlling authority on your behalf after you have filed an application in Form"N" before the Controlling authority.
Member since Aug 2011
According to the Payment of gratuity act 1972
9. Application to Controlling Authority for direction:-If an employer-
(i) refuses to accept a nomination or to entertain an application for
payment of gratuity, or
(iii) having received an application for payment of gratuity, fails to
issue notice within fifteen days; the claimant employee, nominee,
or legal heir, as the case may be, may within ninety days of the
occurrence of the cause for the application, apply to the
controlling authority for issuing a direction under sub-section (4)
of section 7 with as many extra copies as are the opposite party:
Provided that Controlling Authority may accept any application on sufficient
cause being shown by the applicant after the expiry of the period of ninety days.
"11. Machinery for enforcement of the Act or Rules in Central spheres:-
All Assistant Labour Commissioners (Central) have been appointed as Controlling
Authorities and all the Regional Labour Commissioners (Central) as Appellate
In my case i think i should approach Controlling authority (Central) that is Assistant Commissioner of Labor (Central) and not(State).
What do you guys say?
I sent the following mail in Dec of 2011 and as i was in USA i could not reach the Controlling authority within 90 days. Can i now approach the Controlling authority with the following mail or should i send another email to the Company before approaching the Controlling authority.
Please go ahead and take legal action.....we are game for that.
viswanath reddy wrote on 12/19/2011 11:27:06 PM:
> I have sent several mails including the below mail
> regarding the settlement of gratuity and Leave encashment. I
> relieved from Mars Telecom on April 6th and its been more than 6
> months and i have sent several requests regarding the Gratuity to
> You, Mahesh and Sunil and there never was any action taken.
> Pls consider this as a final request regarding the
> settlement of gratuity and leave encashment. Please see that you pay
> me the gratuity in 3 days time that is by 22nd of december 2011. You
> have taken ample of time and you have not taken any action till today.
> If i am not payed the gratuity and leave encashment
> in the given time i am left with no other option than to proceed
> further in legal.
> The Payment of Gratuity Act, 1972 and Rules made thereunder.
> Rules of Payment of Gratuity act 1972)
> Thanks & Regards
Should i approach the Labour Commissioner Office (Central) or (State)??
Do i need a lawyer for this?
Labour Commissioner Office Central
Ati Campus, Opposite Shivam Temple, Vidya Nagar, Hyderabad - 500044
Should i approach the above address in person and give them a letter in written?
Is there any other office in Hyderabad that i should approach?
I understood from your letters that you have not submitted the Gratuity claim application form No I. I am attaching the same for your reference and records. Kindly fill it and send it through registered post and get the acknowledgement for further reference. Please do it first. I think you know the gratuity calculation method: Basic +DA / 26 x 15 x no of year service.
Thanks for disclosing your identity.You have rightly assessed that the Central Govt shall be the appropriate authority for the Mars-India software company with branches in Hyderabad, Bangalore and Mumbai and as such you have to approach to the Assistant Commissioner Labor (Central), Hyderabad who is the Controlling authority for entertaining you application under Payment of Gratuity Act, 1972.The reason is if you go through the definition of 'Appropriate Government' given under Section 2(a)(b) of the PG Act carefully, you will find that any establishment having branches in more than one state, the appropriate authority shall be the Central govt.You have rightly mentioned their office address, which is situated at ATI Campus, Vidyanagar, Hyderabad-500007.It shall be better if you approach personally to the Controlling Authority with Form 'N' duly completed in all respects.Your personal meeting the Controlling Authority may bring some positive results since you have to explain the reasons for submitting application abnormally late.Since you are in India temporarily, you may have to authorize some one to appear before the Controlling Authority on your behalf.
Member since Aug 2011
You shall approach the central labour commissioner based out in Hyderabad and submit your petition. However please don't forget to take a counterfoil for the petition submitted. I highly feel that your last employer is not/less worried because of your current location, and people at times would leave thing like that, as they don't want to run behind govt offices.
Would also suggest you to approach a corporate adviser/advocate for better suggestions.