Gratuity (plz Answer Asap)

When can an employer has to give the Gratuity payment to the employee who is retiring on the 28th Feb,09, as the employee is saying that he/she wants his/her cheque on 28th itself. Plz reply as soon as possible, so that i can became answerable to him/her and to my employer.
Thanks,
Sug.
(Asst. Mgr. HR)

As per section 7 (3) of the Payment of Gratuity Act, 1972, the amount of gratuity shall be paid within 30 days of the amount becoming due. The date on which the employee retires or otherwise leaves the organisation is the date on which the 'payment is due'. But as per aforesaid sub section the employer can avail 30 days time beyond which only he is liable to pay interest.
Regards,
Madhu.T.K

Thanks a lot Madhu, and if you can also plz let me know that if by chance an employer fails to do so, then what can employee do? i mean is he/she can sue the employer?

dear
if employer fails to pay within stipulated time employee can file a case infront of controllong authority under gratuity act.
tks
j s malik

hi...............if emlyoer is nt paying on tme,,,,,yes the emplyee can ask for t intrest or can sue.......

thanx to everyone for answering my query...u guyz rocks....
hope to get more n more knowledge n info from the xperts...(time to time).
:)
From,
Sug

Dear Sug,
The employer has to pay to the retiring employee the amount of gratuity payable within 21 days from the date of leaving. However, the employer should send the claim 15 days before the date of leaving of the employee.
This time you can take an excuse of this. However, the employer should endeavor to provide the Cheque of Gratuity amount on the very last day of working of the departing employee.
thanks
Amit Anand Gera

Hi Amit and Madhu,
Plz let me know when is that an employee becomes eligible to claim his/her gratuity?
I mean the serving period with the employer.
Kindly reply.

Hi Amit and Madhu,
Can you plz tell me the duration after wch an employee becomes eligible for Gratuity?
Kindly reply!

To Sunita:
Continueing service of 5yrs. but if leaveing like 4yrs.8months(240days ) then 5yrs.
TO Snehal:
If not paid witing 30days, 10% Interest has to pay as per HC judgement....U can go thrugh "Practical Journal of HRM and Labor Law"of August2008