I have gone through the posts of learned seniors who have all suggested solutions that are relevant. I would like to add that gratuity is a very much protected retiral benefit like P.F and is considered as the right vested by the Act in the employees to the property, held in trust for them by the employer but not a bounty to be given out of grace and therfeore the employer cannot adjust any dues of employer or any loss to him against gratuity except in the way permissible under the Act.
The queriest has only said that the employee is not approaching him for gratuity.He has not stated as to what efforts he made to trace him.The employer cannot unilaterally jump to a finding that the employee is not approaching or contacting him or not traceable without actually making efforts to trace him.This may not absolve him of his liabality to pay interest for the delay in payment, if the employee tomorrow, proves that he is very well traceable and the employer amde only a luke warm effort. Therefore, the quieriest has to fist make all efforts to trace him and keep on record all those efforts and thereafter, he can act on the suggessions given by other senior members like BM Kalsi,KK Nair Kprasoon and Umakanthan and otehrs.
B.Saikumar
HR & Labour Law advisor
Mumbai
The queriest has only said that the employee is not approaching him for gratuity.He has not stated as to what efforts he made to trace him.The employer cannot unilaterally jump to a finding that the employee is not approaching or contacting him or not traceable without actually making efforts to trace him.This may not absolve him of his liabality to pay interest for the delay in payment, if the employee tomorrow, proves that he is very well traceable and the employer amde only a luke warm effort. Therefore, the quieriest has to fist make all efforts to trace him and keep on record all those efforts and thereafter, he can act on the suggessions given by other senior members like BM Kalsi,KK Nair Kprasoon and Umakanthan and otehrs.
B.Saikumar
HR & Labour Law advisor
Mumbai