Dear All,

Please help me to clear my concept. Our company is a mining company in Odisha, and due to the stoppage of mining operations, the company had retrenched the employees. I want to know if a company retrenches its employees, is the company liable to pay all the gratuity amount to the respective employees?

Regards,
Anjana

From India, Bhubaneswar
Acknowledge(0)
Amend(0)

You have to pay gratuity provided the employee completed five years of continuous service prior to retrenchment in terms of Sec.4 of the Payment of Gratuity Act. B.Saikumar Mumbai
From India, Mumbai
Acknowledge(0)
Amend(0)

Can a Controlling Authority under the Payment of Gratuity Act can file prosecution against the erring employer for non-payment of the Gratuity?
From India, Howrah
Acknowledge(0)
Amend(0)

The Controlling Authority under Sec. 11 of the Gratuity Act can initiate proceedings for prosecution by making a complaint to a Magistrate. However, he cannot do it on his own but he shall be authorized by the State Government or the Central Government to make such a complaint. Once authorized, he shall make such a complaint to the Magistrate within fifteen days.

B. Saikumar
Mumbai

From India, Mumbai
Acknowledge(0)
Amend(0)

You raised the query late. This should have been raised before acting on retrenchment. Better follow now Mr Sai kumar’s advice.
From India, Ahmadabad
Acknowledge(0)
Amend(0)

Join Our Community and get connected with the right people who can help. Our AI-powered platform provides real-time fact-checking, peer-reviewed insights, and a vast historical knowledge base to support your search.







Contact Us Privacy Policy Disclaimer Terms Of Service

All rights reserved @ 2025 CiteHR ®

All Copyright And Trademarks in Posts Held By Respective Owners.