Anonymous
I was working for an organization (Private sector) for the past 28 years( 1992- 2020). In 2014 I took 1 Lakh from my gratuity for my personal use.
I retired in 2020 now can I claim the balance amount as the management says they cannot provide the employees the money.

From India, Bengaluru
By his own words the poster has been in the continuous service of the establishment for 28 years from 1992 to 2020 and retired in 2020. Gratuity being a terminal benefit, it would become payable only in 2020 on his retirement. When gratuity thus payable on termination of employment, no deductions could be made from it. Then the 1 lakh rupees he received in 2014 can only be an advance or loan and cannot be a part of his gratuity even it was agreed to be so by his employer and himself.

The post is incomplete with the absence of vital details like whether the PG Act,1972 is applicable to the establishment any time during the poster's tenure, his last drawn salary.

However, if the Act is applicable, he is entitled to gratuity for the entire stretch of his 28 years of service in the organization based on his last drawn salary without any deduction. The employer cannot refuse to pay on the reason of the amount already received nor they can adjust it now against the statutory gratuity. It is for the poster to pay back the amount after receipt of his gratuity. Since there is denial to pay gratuity by the employer, the poster can file a claim before the Controlling Authority under the Act for recovery.

From India, Salem
Anonymous
@Umakanthan Sir
As employee here mentions that management cannot afford to provide the remaining gratuity amount. How should the employee proceed with the matter? And what happens if management denies payment in front of the Controlling Authority?

From India, Bengaluru
Dear friend,
What will the Civil Court do, if the defendant debtor refutes his liability to repay the loan he received from the plaintiff creditor? Same will be done by the Controlling authority under the PG Act,1972 after conducting a summary trial.

From India, Salem
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