Saswatabanerjee
Partner - Risk Management
Srinath Sai Ram
Hr Manager
+1 Other

I have worked in Tata InfoTech for more than 6 years and Tata InfoTech has merged with TCS later. I am not able to recollect gratuity paid after resignation in 2002. How I can get my Gratuity from TCS if not paid previously.
16th January 2018 From India, Pune
The first question is why did you not claim it when you resigned ?
A period of 7 years have already passed since your resignation. The statute of limitation is 3 years. So the courts will want to know why you did not register a claim within 30 days as required by the law (or at least within reasonable time)
the procedure can be then considered
17th January 2018 From India, Mumbai
Dear Sir, you have admitted that you have resigned from Service in the Year 2002.Belatedly after a lapse of 15 Years, you have a doubt about receipt of Gratuity.Please recollect your memory vis a vis available records with you.I presume you must have received your dues from "Tata Infotech-Trust"
17th January 2018 From India, New Delhi
Dear Mr Saswata,
Payment of Gratuity Act does not lay down any limitation to claim gratuity.
It is totally the employers duty to pay gratuity.
Employer cannot resist payment of Gratuity on grounds of limitation.
No claim of gratuity becomes invalid merely because of laches.
Due reasonable reason only is to be given by claimant to account for delay.
However in this case, claimant is not sure whether he received his amount or not.
He needs to approach TCS for finding out.
TCS is well run organisation and may be able to answer him.
17th January 2018 From India, Pune
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