Anonymous
I retired from service from 1.6.2022 after 34 years & 6 months of continuous service and eligible for a Gratuity for Rs. 653210.00. There is a Gratuity Fund which makes Gratuity Payment of the employees in place of company. During my entire service period I was never issued any show Cause Letter or Charge Sheet for my performance. At the time of retirement I had some pending Paper Woks,Files which were handed over verbally to the person who was appointed in my place. It is to be noted that there was no service condition to hand over my charges in writing. Company also did not raise any objection before my retirement.

Now, Can the Gratuity Fund stop payment of gratuity for my pending works during service period?

From India, Kolkata
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Umakanthan53
Labour Law & Hr Consultant
Hs Sisodia
Gm Human Resource Indore

umakanthan53
5959

I think that the poster was formally permitted by his employer to retire from service on attaining the age of superannuation and thus the termination by way of formal retirement was unconditional.

Only in case of termination by way of dismissal for any misconduct of the nature specifically mentioned u/s 4(6) of the PG Act,1972, the gratuity can be forfeited either partially or in full after a due notice. At any cost, the amount of Gratuity as per the calculation of the employer shall be either disbursed or deposited with the Controlling Authority under the Act for the area within 30 days from the date of termination of employment.

In view of the recent retirement date and the long duration of the postr's service mentioned, there may be some administrative delay caused by communication gap. Therefore, the poster need not be in haste or panic to entertain wild imaginations on his own. Let him write a formal letter to the employer to release his gratuity amount from the Gratuity Fund immediately.

From India, Salem
hs sisodia
3

You didnít given formal hand over (written doc) no issue & if they ask for this in future than do accordingly .
Please send formal letter/ or in person discuss with HR deptt about gratuity amount and any other retirements benefit than only you will get clarity on this issue.

From India, Mumbai
panchsen
49

The querist seems to have unnecessary apprehension about his gratuity settlemnet.
He has retired from service on attaining the age of superannuation and hence it is a normal process of employment.
The employer had not issued any notice seeking to withhold/reduce the gratuity
The querist has not committed any violent activity nor any act which constitute moral turpitude as duly proved in the enquiry andan order of punishmnet being issued in this regard
It is further assumed that the querist has not been issued any order during his service tenure regardung deduction in full or part for any calendar year wherein he failed to render continuous service as contemplated under Payment of gratuity act.
In the above corcumstances the querist can rest assured that he shall get his full gratuity.
the querist is advsed to write his employer a formal letter ( Notice of cliam for gratuity under gratuity act) requesting to release his gratuity within 30 days of retirement.
In the event of non seettlemnt of gratuity despite his letter /Notice within 30 days, he can move the controlling authority to seek remedy. further it is expected of the employer to deposit the gratuity amount to Controlling authority not later than 30 days unedr dispute .
P.Senthilkumar

From India, Chennai

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