How Can I Claim My Gratuity from TCS After a Merger with Tata InfoTech?

I have worked in Tata InfoTech for more than 6 years, and Tata InfoTech merged with TCS later. I am not able to recollect the gratuity paid after my resignation in 2002. How can I get my gratuity from TCS if it was not paid previously?

The first question is, why did you not claim it when you resigned? A period of 7 years has already passed since your resignation. The statute of limitations is 3 years. So the courts will want to know why you did not register a claim within 30 days as required by the law (or at least within a reasonable time). The procedure can then be considered.

Dear Sir,

You have admitted that you resigned from service in the year 2002. Belatedly, after a lapse of 15 years, you have a doubt about the receipt of gratuity. Please recollect your memory vis-a-vis the available records with you. I presume you must have received your dues from "Tata Infotech-Trust."

Thank you.

Payment of Gratuity Act and Claim Limitations

The Payment of Gratuity Act does not impose any limitation on claiming gratuity. It is entirely the employer's duty to pay gratuity. An employer cannot resist the payment of gratuity on grounds of limitation. No claim of gratuity becomes invalid merely because of laches. Only a reasonable reason is to be given by the claimant to account for the delay.

However, in this case, the claimant is not sure whether he received his amount or not. He needs to approach TCS to find out. TCS is a well-run organization and may be able to provide him with an answer.

Thank you.