Umakanthan53
Labour Law & Hr Consultant
KK!HR
Management Consultancy
Bcpl
Manager

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Dear CiteHR, I need your help regarding the gratuity payment issue. I worked in an organization from 12 October 2010 till 8th September 2015 i.e. for 4 yrs 10 months and 26 days. When I left the company in my Full and Final settlement, my company HR refused to pay my gratuity amount saying that I did not competed for 5 yrs. So, I couldn't say anything. But in my current organization, one of my colleagues got his gratuity amount cleared even after working for 4 yrs and 8 months. Though he approached Labour Commissioner for getting his dues cleared from the company. I was on the permanent role of my company from 12.10.2010 to 08.09.2015.

Please suggest what are my chances in getting of gratuity amount cleared and how should I approach my previous company HR to receive the amount in the appropriate manner?

From India, Dibrugarh
Dear Fitkhan,
Certainly you are entitled to gratuity from your
ex-employer as you completed more than 240 days service in the fifth year.
You may file a claim before the Controlling Authority under the Act for the area against the ex-employer for gratuity with interest. Consult your friend about the modalities he followed.

From India, Salem
Dear Sir,

Please guide whom should I address at my previous organisation while filing my application as per form A of gratuity act . Should it be H.O.D. (HR) or the factory Head or simply address it to the name of the establishment.

Regards,
fitkhan

From India, Dibrugarh
You can apply to the head of the unit with a copy to HR with notice to pay within seven days.
in case the employer doesn't respond then you can file claim before the Controlling Officer of the locality where your previous employer and send copy to them. Pl emphasise on the legal provision that the employer has to pay gratuity within one month of termination of service and there is no requirement for the employee to apply for it. So there is no delay on your part to apply for it.

From India, Mumbai
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