Dear Kanaka Rao,
The Payment of Gratuity Act,1972 does not specify any time limit for filling the claim of gratuity.However, the Payment of Gratuity (Central) Rules,1972 stipulates that an application for the delayed cases can be submitted to the employer by the applicant personally or by sending the application through registered post acknowledgement due.The relevant rules reads as under:-
Rule 7(5)- An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Act shall be invalid merely because the claimant failed to present his application within the specified period. Any dispute in this regard shall be referred to the Controlling authority for his decision. As such in the first instance you need to approach to the Establishment Head. If he refuses or disputes the claim, then you have to the file an application before the the concern Controlling authority.
I have quoted the Central rules above, you need to find out the gratuity rules prescribed under the state in respect of which you have raised the query. you have mention in your mail that you have worked in bsnl. Is the abbreviated word stands for Bharat Sanchar Nigam Limited or it is something else? If it stand for Bharat Sanchar Nigam Limited, please check whether they have created any separate Gratuity Trust for their employees. In that case you have to find whether you are covered under The Payment of Gratuity Act,1972 or under company's Trust.
BS Kalsi
Member since Aug 2011