Ashish Agarwal
Dear All, I worked in one organization from 03Nov2005 and the last working day as 13Aug2010. Am I eligible for gratuity?
I realized after learning from one person - I was eligible for the Gratuity, That the company's full and final docs. says - I was not paid gratuity.

Now - if I am eligible genuinely - the company should pay me compensation with interest (What should be the genuine rate of interest) ..., how should I approach the company, as the company will surely say - why you are approaching after 11 years!! I am not sure...!!! Plz, advise.

Thanks in advance!!!

From India, Gurgaon
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Saswatabanerjee
Partner - Risk Management
HROne
Content Marketing Strategist
KK!HR
Management Consultancy

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saswatabanerjee
2324

I do not think you can ask them for the money now, after 11 years.
The company would be right in denying your claim because the period of limitation is 2 years. If no claim is made in 3 years, the company is not liable for the same.

From India, Mumbai
KK!HR
1344

You were eligible for gratuity as you had completed 4 years and more than 8 months continuous service. Since it is primarily the duty of the employer to pay gratuity in the first instance, they have failed in that. So you can apply for gratuity to your employer and wait for their response. Most likely they would not bother, then you can approach the Labour Officer and raise a claim. Rest depends on your luck too.
From India, Mumbai
saswatabanerjee
2324

KK, did you notice the fact that he left the company in Aug 2010? It was 10 years ago.
From India, Mumbai
KK!HR
1344

Yes Sir, I had considered that. As per PGA, it is for the employer to pay gratuity whether the employee asks for it or not. The employee doesn't have to demand that but on its own employer need to comply with it. Since the employer admittedly has not made any effort to pay it, it cannot take refuge under technicalities and deny the benefit.
I had to personally deal with this issue. When the PGA was amended to bring teachers within its fold, all teachers who had left services on various counts in the past for more than two decades went to the Controlling Authority demanding payment of gratuity. The Controlling Authority was favourably disposed towards them. At that time the issue was examined legally and the opinion was that gratuity was due and payable. Most importantly PGA is a welfare legislation and being an employer in the government sector, it is all the more needed to comply with it in letter and spirit.

From India, Mumbai
saswatabanerjee
2324

KK,
Would you have a copy of the decision / order?
If it can not be shared in open, can you give it to me privately to read and understand?

Because, to my understanding, law of limitation will have an overriding effect except exceptional circumstances like fraud or below age of legal consent. So reading the judgement will help me understand.

From India, Mumbai
HROne
13

Even I agree with what Saswatabanerjee said.

You were definitely eligible for gratuity Ashish. However, in my opinion, you should have claimed the same while leaving the company. The employer must have considered your gratuity eligibility and given you the payment then and there. But now it is too late for you to get it.

Truth be told, you will just waste your time and energy by asking for your gratuity after 11 years. So, it is better not to go after it. Just be mindful next time and do the needful at the right time.

From India, Noida

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