Waiting for Gratuity After 6 Years of Service: How Can I Get It and What's the Process?

I resigned from my organization on 02/06/18 after 6 years of service. However, I have not received my gratuity yet, and it has been over a month. How can I go about obtaining my gratuity? What is the process?

Gratuity is payable to you under Sec 4(1) of the Payment of Gratuity Act 1972. Form 1 is the prescribed form available at http://nclcil.in/infobank/formsncl/G...20Form%20I.pdf. Please fill in this form and submit it to the Office with proper acknowledgment. I presume that your service of 6 years has been continuous without any breaks in between.

Dear Nathrao Sir,

I didn't break my service in between. My service period was from 01/02/12 to 02/06/18. I have asked for gratuity from HR. She is saying that it will be credited to my bank account.

Thanks & Regards,
Shib

Ideally, as per legal norms, gratuity is supposed to be paid within 30 days from the last day of working. Thus, in your case, the duration has already passed, so you can ask for the same. As per the law, if there is a delay in payment, then applicable interest will be charged as a penalty to the organization, which you should please inform your organization.

Dear Manoj,

The employee has not even claimed Gratuity himself.
The first step will be to claim gratuity in the laid-down forms for the purpose.
Send the forms by speed post to obtain proof of delivery. If there is a delay, the ex-employee can claim gratuity and interest due to the delay.

My company didn't advise me to submit any form. They said that they will send the gratuity amount directly to my salary account. However, there has been no response from them. When I ask about the gratuity, they say that it takes time to process. Is there any rule in PDF format that states gratuity should be provided within one month or at most one month? I need this information to show to my company. Should I file a complaint with the Employment Labour Commission? Please advise me on the right course of action.

Thanks & Regards, Shib Bhowmik