Dear Kuldip,
Our senior members have rightly portrayed the applicability and coverage of PGA. I would only add flavour to the discussions through following points.
- Irrespective of gain or loss, the employer is bound to pay the eligible employee, as per the Act in vogue.
- You apply for gratuity within 30 days from the date it becomes eligible, to the employer. The nominee/legal heirs of the eligible employee can also apply in the said time zone. It can even be applied in plain paper with RELEVANT PARTICULARS by the nominee or legal heirs.
- Even after the expiry of the above period, you can apply for the same if you show-cause sufficient reasons for the delay in preferring your claim and the employer cannot reject your claim on this ground.
- Any dispute arises as regards to the payment of gratuity, you may approach the Controlling authority, in writing, directly in person or through registered post within ninety days of the occurrence of the cause, who will then direct the employer for further course of action. Generally, Assistant Labour Commissioner of your region will be the Controlling authority. Here also, you can apply after the expiry of ninety days, if you show-cause valid reasons for any delay in approaching the Controlling Authority for his direction.
Regards,
P. Vathiraj