Rkn61
Hr Manager
Bhartiya Akhil
Freelancer
+1 Other

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Sir, I worked for IT - MNC firm till November 2008. (I was working for the same company for eleven-years, US and India, in this case, In India, I can only claim Gratuity for continuously working period for 4Years 10Months) During recession in 2008, I was asked to submit resignation letter so that I would get 3months notice period payment alongwith ex-gratia amount. In my relieving account final statement It stated Payment in lieu of Notice period and Ex-Gratia amount separately shown and paid to me in complete. If the Gratuity Payment mentioned in the Account Final Statement, I would be eligible for TAX rebate as per the provisions of Income-Tax.

It's almost 11 years now, while checking/tax auditing, I found that my offer letter included Gratuity in my CTC as per Gratuity Act 1972.

However, I was not paid Gratuity till date and I was not aware of it. Very recently I submitted letter to firm inquiring about payment of Gratuity if it was paid to me earlier for which no response received. After 1month also, I submitted FORM-I along with copy of the offer letter & relieving statement requesting them to release Gratuity as per the Offer Letter. However till date no response from the firm side.

While checking thru this site and various courts orders I found that It's a responsibility of the Employer to make Gratuity Payment or indicate denial of Gratuity for whatever the reasons within the period so specified.

Please let me know If this case can stand and should I approach Dy. Commissioner of Labor with complete details request.

From India, Bangalore
You may send a letter to company by registered post ack due, stating that you are eligible for
gratuity payment as per PGA, 1972 and that the same should be paid immediately, failing which you have no other option but to approach the CA (Controlling Authority) under PGA, 1972. Give your ex-employer 21 days time, and then proceed.

From India, Aizawl
Hi,

The rules suggests that once an employee becomes eligible to receive gratuity, he can apply within 30 days from the date it becomes payable.
However for valid and justifiablle reasons, the controlling authourity under PGA can entertain an application for gratuity even after a few years , condoning the delay in submission of gratuity application.
As a prelude to this excercise, you need to write to your employer a formal letter along with form I [See Sub-rule (1) of Rule 7]-Application of gratuity by an employee )
mentioning inter alia the following details
Address in full. :
Post held and name of the Office:
Date of appointment.
Date and cause termination of service. Amount of gratuity claimed
In the event of a reply negating your cliam or failure of employer to respodn to your claim within a reasoanable period of say 15 days , you may sumit a represnetation to Contrlling authourity in the prescribed form ( Form-N) under PGA for initiating necessary proceedings
All the best
P.Senthilkumar

9884009193

From India, Chennai
Thank you sir for the suggestions. I submitted Form-N to ALC along with complete paper work. However, now respondent came back stating that Gratuity was included in Ex-Gratia payment that was paid in F&F settlement. Itseems that respondent now trying to adjust Ex-Gratia paid to me also included Gratuity of payment which I'm not convinced based on the original discussion and F&F settlement that took-place. I shall wait for ALC hearing and present the facts of case to see what happens. Thanks for the suggestion. Manjunatha
From India, Bangalore
Dear Manjunatha,
The amount not settled as gratuity under the POG Act, you have a claim certainly against your employer for this. Your company can not settle your payment of gratuity in any other account like Ex-gratia. The Ex-gratia payment made to you is a voluntary payment by your employer. You need to take this stand and make your representation.

From India, Mumbai
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