Payment of Gratuity Dispute: Can You Still Approach Authorities 90 Days After Leaving?

Can the employee approach the Directing authority for a dispute regarding Payment of Gratuity after 90 days of leaving the job? Please let me know if anyone knows.

Dear Sir/Madam,

Yes, you can approach the authority regarding the non-payment of gratuity.

You can approach the authority for recovery of gratuity anytime post cessation of employment. First, you have to send Form I within a month from the date of cessation of employment and then file Form N within the next 3 months.

You are bound to file a claim beyond that period, but such a delay needs to be condoned by the authority. Please note that the condonation of delay is not your right.

Dear seniors,

Thanks for the guidance. If a delay is not condoned by the directing authority, I am also thinking of approaching the consumer forum for the dispute of Gratuity, as it is cost-effective and time-saving compared to the Labour court. Am I right?

Certainly, you can approach the Controlling Authority under PGA even after 90 days. In Maharashtra State, such authority is the Labour Court. You will have to file a delay condonation application along with a claim application. You must properly explain the reasons for the delay.

District Consumer Forum is not the authority to decide Gratuity disputes.

There is no mention of any kind of limitation clause for the eligible applicant anywhere in the Gratuity Act. I don't know who introduced this 90-day rule, and everyone is repeating "90 days, 90 days" everywhere.

Limitation is only applicable to the employer, and they are subject to a penalty in the form of interest as well as fines in case of a delay. If, after 90 days, you are not eligible to even apply for gratuity, why does the act state that the employer has to pay interest at the rate of 10% per annum for the delay from the day the applicant becomes eligible for gratuity?