Delay In Payment Of Gratuity

R Kumar1951
I retired from the Public sector insurance company from Mumbai. I settled down in Baroda after retirement. Can approach Asst Labour commissioner Baroda for directions to the company. They have their regional office at Baroda. Pl guide me
srihari2720
Mr kumar
yes
u can approach ALC baroda wiht all relevant proof and give a written complaint with the enclosed of proof of u r retirement and stating that till now u have not received u r gratuity copy to the ASL Mumbai and to the office where u have retired ..
regds
Harsh Kumar Mehta
Sir,
"Public Sector Insurance Company" perhaps will mean like LIC, National Insurance etc. I think, in respect of such PSUs, service rules applicable may be either as applicable to Central Govt., or specifically framed and adopted by such PSU.
I will suggest you to consider utilising the remedies as are available under service rules of organisation you served.
ALC of State Govt., perhaps will have no jurisdiction in the matter.
You can also consider filing case in Central Administrative Tribunal (CAT) for delay in payment of Gratuity, if service rules of organisation you served so permit.
Arunjain.ncl
Dear Mr. Kumar,

Perhaps the PSU Company in which you were working is following the old pattern of receiving claim and "No Dues" certificate, after which they process Gratuity payment. You first ensure that you have filed your Claim in Form - I. If they don't make this form available, just submit your claim on a plain paper and obtain a receipt thereof. But they cannot deny payment within 30 days of its being due merely on the ground of non- receipt of Claim and No Dues certificate as because Gratuity cannot be attached to any penalty/Court's Decree unless the amount is deductible due to termination on the ground of moral turpitude and the amount of recovery is mentioned on the Dismissal Order.

In case a period of 30 days has elapsed, you can submit an application to your office claiming interest on payable amount for the period of delay till it is actually paid. In case of refusal, you can approach to Controlling Authority under the PG Act i.e. ALC(C) under whose jurisdiction the Unit of the PSU falls.

Hope you will get your dues as directed under the Act.

AK Jain
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