If you have rendered 5 years of continuous service under the previous employer, the employer is legally bound to pay your gratuity within 30 days from the date it becomes payable to you, under Sec. 4 of the Payment of Gratuity Act, 1972. If the gratuity amount has not been paid to you, you can claim simple interest at 10% per annum over your gratuity amount from your previous employer. Please take the following actions immediately:
1. Send your claim for the gratuity amount payable to you in Form-I by Registered Post to your previous employer, as prescribed under Rule 7 of the Payment of Gratuity (Central) Rules, 1972. You should have submitted such a claim to your previous employer within 30 days from the date of your leaving that establishment. Mention the reasonable cause of your delay in submission of such claim in Form-I.
2. If the employer does not issue a notice to you in Form-L indicating the amount of gratuity payable to you and the date of payment of such gratuity as required under Rule 8 of the P.G. (Central) Rules, 1972 within 30 days of receipt of your claim in Form-I, apply to the concerned Controlling Officer appointed by the Appropriate Government under the P.G. Act, 1972, and Rules made thereunder in Form-N by Registered Post as required under Rule 10 of the P.G. Rules, 1972. Generally, an officer of the rank of Assistant Labour Commissioner is appointed by the concerned State Government to act as such a Controlling Officer.
3. Contact the concerned Controlling Officer personally immediately and submit one copy of your claim in Form-N.
SK Hota
Email: hota_saroj06@yahoo.co.in