Struggling to Get My Gratuity After 5 Years of Service – How Can I Resolve This Delay?

Dear All, can anyone help me regarding the gratuity money? I joined the company on 04 December 2010 and left the company on 07 December 2015, which is a period of 5 years and 4 days. As per the rules, I am eligible for the gratuity. However, when I received my full & final statement and clearance from the company, I asked for the gratuity as well. Initially, they refused, but after reviewing the documents, they agreed to provide it. Now, after 1.5 years have passed, they are delaying and not resolving this matter.

Please assist me in addressing this issue.

Thanks,
Suryakanta Sahoo

Immediately give a written complaint to the labor office along with the proofs of your employment and a copy of the gratuity claim made by you.

Please draft a letter to our nearest Labour Office (the jurisdiction under which you were employed during the mentioned period). Attach documents such as your appointment letter, termination letter, and a copy of the gratuity claim that has been approved by your company/employer.

Dear Mr. Surya,

The gratuity amount should have been paid to you within one month from the date of relieving from service. Now, you are also entitled to interest at 12% per annum. Please approach the Controlling Authority/The Assistant Labour Commissioner and submit your complaint with all relevant records immediately. You should not have waited so long.

Dear Srinath Sai Ram Sir,

As per the provision of Section 7(3-A) of the Payment of Gratuity Act, 1972, a person shall be entitled to interest at 10% per annum.

Please let me know in which section 12% interest per annum is defined.

Thanks in advance.

Jignesh Solanki

Thank you all for providing me with such valuable information. The company has now agreed, and the issue will be resolved within 15 days, as they have informed me.

Suryakanta Sahoo

Dear Mr. Solanki,

You are correct that interest at 10% is payable for belated payment of Gratuity. Due to a typographical error, it was erroneously mentioned as 12%.