Gratuity Not paid even after the labour commisioner order

Respected All,
Need your guidance on my Gratuity case
The Assistant Labour Commissioner has instructed to Employer to pay the gratuirty with Interest of 10% to the employee (myself). But even after the 3 months, i am still waiting,
Need your guidance for futher action.
I am Living in Chandigarh.

Respected All,
Need your guidance on my Gratuity case
The Assistant Labour Commissioner has instructed to Employer to pay the gratuirty with Interest of 10% to the employee (myself). But even after the 3 months, i am still waiting,
Need your guidance for futher action.
I am Living in Chandigarh.

Hi,

You can appeal before the same Assistant Commissioner of Labour and represent that order of ACL is honored by the Employer.

You can approach the controlling authority, ie, the Asst Labour Commissioner, who passed the order again and ask him to take further action. He will either write to the employer or initiate revenue recovery action. Meanwhile, please check whether the employer has has gone for any appeal against the order

Namaskar Every One,
Thanks for the valuable suggestion,
Will meet the Concerned authority and update you on this thread soon.

Dear and respected All,
Namaskar,
In continuation to my previous query "Gratuity amount paid even after an order issued"

Yesterday I visited The office of Asst. Labor Commissioner (ALC), Central,
The following suggestions received
1) SUBMIT Form T (under the gratuity act)
2) You will get the notice for appearance if there is any appeal against the order issued.

Pl. guide for right step accordingly

Hi,

You are on right track.

Form T is Application for recovery of gratuity. Where an employer fails to pay the gratuity due under the Act in accordance with the notice by the controlling authority, as the case may be, the employee concerned, his nominee or legal heir, as the case may be, to whom the gratuity is payable may apply to the controlling authority in duplicate in the given format for recovery.

Respected All,
Namaskar,

Still, no action has been taken by concerned The office of Asst. Labor Commissioner (ALC), Central,
Yesterday I called Sir (Asst. Labor Commissioner) to know the progress in my case, "we are taking the appropriate action don't worry"
i) I just want to know if is there any time limit .....?
ii) where to approach if there is no action....?

Hi,

The Employer has the right to Appeal before the Appellate Authority against the order of ACL and the time frame for that is 60 days I think. Have you checked whether the Employer had gone for Appeal ? But in your case it looks even after the lapse of 3months of ACL order Gratuity not paid ?

You can approach the ACL Office again and inform about the non-compliance. Please check with ACL office for any specific forms for that or normal letter will be sufficient. Subsequently ACL (Controlling Authority) will issue necessary order for the recovery of the amount of Gratuity with interest from the Employer. I think the recovery process will be through District Collector.

But in most cases ACL will hold this process based on Employer request so as to give some breathing time for the employer to make the payment. But once Order is passed Employer have no other option except to pay but might delay the process using influences.

Respected Sir, @Lakshmi Narayan
In reply to your query
---- "Please check with the ACL office for any specific forms for that or a normal letter will be sufficient. Subsequently, ACL (Controlling Authority) will issue the necessary order for the recovery of the amount of Gratuity with interest from the Employer. I think the recovery process will be through District Collector."

The ACL asked me to submit a covering letter that the gratuity was still not paid even after the order was issued on ----/---/--, along with an order copy and Form T. Yes, the recovery process will be through the DC office in UT.
But all documents were submitted 2 months back.

----- " Have you checked whether the Employer had gone for Appeal ?"
No notice has been received to date,