Can the employee approach Directing authority for a dispute regarding Payment of Gratuity after 90 days of leaving job...... Please tell me if anyone knows...
From India, Pune
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From India, Pune
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Dear yes ,you can approach to authority for non payment of gratuity
From India, Delhi
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174From India, Delhi
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You can approach the authority for recovery of gratuity anytime post cessation of employment. First, you have to send Form I within a month from the date of cessation of employment and then file Form N within the next 3 months.
You are bound to file a claim beyond that period, but such a delay needs to be condoned by the authority. Please note that the condonation of delay is not your right.
From India, Kolkata
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You are bound to file a claim beyond that period, but such a delay needs to be condoned by the authority. Please note that the condonation of delay is not your right.
From India, Kolkata
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Dear seniors,
Thanks for the guidance. If a delay is not condoned by the directing authority, I am also thinking of approaching the consumer forum for the dispute of Gratuity, as it is cost-effective and time-saving compared to the Labour court. Am I right?
From India, Pune
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Thanks for the guidance. If a delay is not condoned by the directing authority, I am also thinking of approaching the consumer forum for the dispute of Gratuity, as it is cost-effective and time-saving compared to the Labour court. Am I right?
From India, Pune
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Consumer forum does not have the jurisdiction to entertain the case since you are not even a consumer.
From India, Kolkata
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From India, Kolkata
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Certainly, you can approach the Controlling Authority under PGA even after 90 days. In Maharashtra State, such authority is the Labour Court. You will have to file a delay condonation application along with a claim application. You must properly explain the reasons for the delay.
District Consumer Forum is not the authority to decide Gratuity disputes.
From India, Kolhapur
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District Consumer Forum is not the authority to decide Gratuity disputes.
From India, Kolhapur
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There is no mention of any kind of limitation clause from the eligible applicant anywhere in the gratuity act. I don't know who brought this 90-day rule and everyone is cawing 90 days 90 days everywhere.
Limitation is only applicable to the employer, and they are subject to a penalty in the form of interest as well as fines in case of a delay. If, after 90 days, you are not eligible to even apply for gratuity, why does the act state that the employer has to pay interest at the rate of 10% per annum for the delay from the day the applicant becomes eligible for gratuity?
From India
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Limitation is only applicable to the employer, and they are subject to a penalty in the form of interest as well as fines in case of a delay. If, after 90 days, you are not eligible to even apply for gratuity, why does the act state that the employer has to pay interest at the rate of 10% per annum for the delay from the day the applicant becomes eligible for gratuity?
From India
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Limitation under Payment of Gratuity Act, 1972 fro claiming gratuity.pdf
Doctors on Part Time payment-Gratuit y eligibility- Gujarat High Court.docx