I have worked in Tata InfoTech for more than 6 years, and Tata InfoTech merged with TCS later. I am not able to recollect the gratuity paid after my resignation in 2002. How can I get my gratuity from TCS if it was not paid previously?
From India, Pune
Acknowledge(0)
Amend(0)
From India, Pune
Acknowledge(0)Amend(0)
The first question is, why did you not claim it when you resigned? A period of 7 years has already passed since your resignation. The statute of limitations is 3 years. So the courts will want to know why you did not register a claim within 30 days as required by the law (or at least within a reasonable time). The procedure can then be considered.
From India, Mumbai
Acknowledge(0)Amend(0)
2508From India, Mumbai
Acknowledge(0)Amend(0)
Dear Sir,
You have admitted that you resigned from service in the year 2002. Belatedly, after a lapse of 15 years, you have a doubt about the receipt of gratuity. Please recollect your memory vis-a-vis the available records with you. I presume you must have received your dues from "Tata Infotech-Trust."
Thank you.
From India, New Delhi
Acknowledge(0)Amend(0)
You have admitted that you resigned from service in the year 2002. Belatedly, after a lapse of 15 years, you have a doubt about the receipt of gratuity. Please recollect your memory vis-a-vis the available records with you. I presume you must have received your dues from "Tata Infotech-Trust."
Thank you.
From India, New Delhi
Acknowledge(0)Amend(0)
Payment of Gratuity Act and Claim Limitations
The Payment of Gratuity Act does not impose any limitation on claiming gratuity. It is entirely the employer's duty to pay gratuity. An employer cannot resist the payment of gratuity on grounds of limitation. No claim of gratuity becomes invalid merely because of laches. Only a reasonable reason is to be given by the claimant to account for the delay.
However, in this case, the claimant is not sure whether he received his amount or not. He needs to approach TCS to find out. TCS is a well-run organization and may be able to provide him with an answer.
Thank you.
From India, Pune
Acknowledge(0)Amend(0)
The Payment of Gratuity Act does not impose any limitation on claiming gratuity. It is entirely the employer's duty to pay gratuity. An employer cannot resist the payment of gratuity on grounds of limitation. No claim of gratuity becomes invalid merely because of laches. Only a reasonable reason is to be given by the claimant to account for the delay.
However, in this case, the claimant is not sure whether he received his amount or not. He needs to approach TCS to find out. TCS is a well-run organization and may be able to provide him with an answer.
Thank you.
From India, Pune
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc