Dear Sir, I worked in a private company for a period of 8 years + between 2006 and 2015. I have not claimed gratuity within 30 days of leaving the organization. I just realized that the company is bound to pay gratuity for a person that has served more than 5 years in an organization.
Am i still allowed to claim my gratuity from my ex employer?
Best Regards
Hi,
Yes you can represent to your employer and claim gratuity. But you should present some proper reason for delay in applying for Gratuity.
"An employer cannot reject an application by the employee after the expiry of 30 days, if the delay happened due to a valid reason. The rules further clarify that no claim for gratuity shall be invalid merely because the claimant has not filed his application within the specified period."
The employer should disburse his/her employee's gratuity within 30 days from the date when it becomes applicable. In practice gratuity is often paid at the time of disassociation from the Company i.e. full and final settlement. Whether the Employee has claimed or not is immaterial.
In case the Employer is dilly dallying the gratuity claim, the employee claim his/her gratuity in Form I marking a copy to the Controlling Authority.
It is the duty of the employer to pay gratuity within stipulated time if employees fails to claim the same. It is the duty of the employer to calculate give notice in writing to the person who is entitle for payment and also to the controlling authority(and deposit the same with the controlling authority).Timely disbursement of Gratuity is employer liability. No claim for gratuity shall be invalid merely because the claiment failed to present application on stipulated time.The claiment should file application for the payment lately also with proper cause of delay in accordance with the provisions of Section 7 of the payment of gratuity act 1972.
Thanks & Regards,
From,
Sumit Kumar Saxena
You can go through my article " Limitation under Payment of Gratuity Act, 1972 for claiming gratuity". The article will answer all your issues.
Thanks
S. Sensharma
Industrial Law & HR Consultant, Meerut

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File Type: pdf Limitation under Payment of Gratuity Act, 1972 fro claiming gratuity.pdf (203.2 KB, 147 views)

In addition to above information, you may approach to the controlling Authority under Payment of Gratuity Act of the State Govt in which state your company is located if your private company is not having branches in more than one state. If your company is having branches in more than one state, you need to approach Assistant Labour Commissioner (Central)/ Regional Labour Commissioner (Central) of Central Labour Dept as ALC /RLC are declared as Controlling Authority under Payment of Gratuity Act. The issue of delay will be decided by the said controlling authority on the submission of facts by both the parties.
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