A company can not escape payment of gratuity to eligible employees by saying that it is running in losses. At the same time it is the obligation of the company to pay it within 30 days of leaving of the employee EVEN IF THE EMPLOYEE DOES NOT ASK FOR IT. In other words, if the employee is not traceable the company should DEPOSIT the amount with Government (Labour Department) failing which the company will be constrained to pay interest.
In the above circumstances there is nothing wrong in demanding gratuity by sending an application in form I (attached) and if no intimation is received from the company (the company is expected to intimate date of payment of gratuity in form L) within 30 days, file a complaint before the District Labour Officer. You will get it.
The amount of gratuity is equal to 15 days salary for every completed year of service. If there is a fraction of a year of more than six months it shall be taken as one year whereas a fraction of year of less than six months shall be ignored. Salary for this purpose will include basic salary and dearness allowance only and the gratuity is calculated on the LAST DRAWN SALARY.
Regards,
Madhu.T.K