Filing Gratuity Claim: What to Do If Your Employer Doesn't Respond?

After filing Form "I" with the employer, please inform me within how much time period he must get back to me. Suppose he ignores my claim by not responding at all, then what do I do? Do I straight away file my claim with the Gratuity Comm. Office and in which format.

My Head office was in Delhi, and I was working in Mumbai at the Branch. So, can I approach the Gratuity Comm in Mumbai, or is this subject to Delhi jurisdiction only?

Dear Friend,

I am not getting you. Please mention your date of joining (DOJ) in the company. When did you fill out the form? Please provide all the details.

Regards,
Ashutosh Chaturvedi

I am sorry I did not inform you that my date of joining (DOJ) was 23.02.1998, and I resigned on 24.03.2007. I sent the Form "I" just recently by Registered post about a week back. The reason I anticipate that my previous employer will ignore my claim is that he has done the same for my colleagues who applied about 6 months ago for their Gratuity. Despite reminders to him, he chooses to remain silent. Therefore, I too am expecting the same 'no response' treatment from him. Therefore, I will only know if I move legally, will he pay up; otherwise, never.

Hence, please guide me on the next step. How long should I wait before approaching the Gratuity Commissioner? What is the area of jurisdiction? Since the Head Office is in Delhi, and I was employed in the Mumbai Branch, do I have to approach the Gratuity Commissioner in Delhi, or can I file in Mumbai itself? I await your reply.

I am resending this message to you as you have not responded to my query.