Is Our Company Obligated to Pay Gratuity if We Haven't Enrolled Under the Gratuity Act?

mayank_vikki
Hi All, I am working in a company that satisfies the eligibility criteria of the Gratuity Act, 1972. However, the company has never enrolled itself under this act with the controlling authority. Currently, we have an employee who has completed 5 years of continuous service with the company and, upon resigning, has requested the gratuity amount.

No gratuity forms have ever been filled out or applied for by either party. Could you please let me know whether we are required to pay him the gratuity amount or not?
korgaonkar k a
You are required to pay gratuity. Not being enrolled with the controlling authority or not having filled out the forms/applied for them is not a valid reason to refuse gratuity. I believe no HR professional will have a contradictory view on this matter.
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