Umakanthan53
Labour Law & Hr Consultant
Rkn61
Hr Manager

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Hi..i have completed 30 yrs service in pubic sector undertaking of kerala governement. As there was delay in payment of gratuity, i have approached labor commissioner and have obtained an order instructing the organization is to pay gratuity amount + interest. But it has not been paid even after 6 months.
Many have suggestee to approach HC.
Gratuity being a stautory provision , is there any other remedy for me to get my gratuity?

From India, Malappuram
You had already approached the Controlling Authority under Payment of Gratuity Act, 1972
and obtained order to PSU for disbursement of amount of gratuity payment.
As the employer did not pay any heed to the order, you can approach Court of law, praying for
the implementation.

From India, Aizawl
Dear Prasanth,
Your post does not reveal whether you lodged a general complaint with the Labor Commissioner against non-payment of gratuity or filed a formal claim u/s 7(4)(b) of the PGA1972. If it is the latter and in the event of the employer having failed to prefer an appeal before the Appellate Authority under the Act within the limitation period of 60 days against the orders of the C.A, you can again approach the Controlling Authority who passed the orders intimating the fact of non-compliance. Then the Controlling Authority will issue a certificate u/s 8 of the PGA to the District Collector concerned for recovery of the amount of gratuity with interest from the employer.

From India, Salem
Dear Mr. Umakanthan,
Since you were the Addl. Commissioner of Labour, you are the best person to answer the below query.
Sir, concerning PGA,1972, does the calculation of 240 and 190 days of section 2A 2a (i) & (ii) reps. includes/excludes weekly offs, if excludes then only Sundays or both Saturdays and Sundays are excluded; and are all holidays also included?
Thanks in advance.

From India, New Delhi
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