Dear Sir,
I worked in a school for 8 years and resigned in 2013 and I was neither knowing about the gratuity statutory nor the employer ever mentioned about it orally/written to us. Hence, I could not claim for it. Now I have learned about the gratuity benefits and the employer is refusing to pay saying that its time barred as I have not applying with in a month after leaving. Have mailed them about this that I was not knowing about gratuity as they never kept us informed and they should have asked me to apply for this during my reliving. Now for this I have asked them to pay this with simple interest to me for the delayed time. But they have not replied on this. Please guide me on this.
Thanking you
From India, Bhilai
I worked in a school for 8 years and resigned in 2013 and I was neither knowing about the gratuity statutory nor the employer ever mentioned about it orally/written to us. Hence, I could not claim for it. Now I have learned about the gratuity benefits and the employer is refusing to pay saying that its time barred as I have not applying with in a month after leaving. Have mailed them about this that I was not knowing about gratuity as they never kept us informed and they should have asked me to apply for this during my reliving. Now for this I have asked them to pay this with simple interest to me for the delayed time. But they have not replied on this. Please guide me on this.
Thanking you
From India, Bhilai
You may send a form I (attached) duly filled in. If the organisation is covered by Payment of Gratuity Act, it is the responsibility of the employer to pay gratuity within 30 days of an employee's exit from the company. If the employer i not paying it, you can approach the Controlling Authority. Delay was made by the employer and hence the question of it becoming time barred will not arise. The rule 7 (5) of Payment of Gratuity Central Rules says that:
An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Act shall be invalid merely because the claimant failed to present his application within the specified period.
In your case, it was the duty of the employer to pay the gratuity, and the failure was from his side. Therefore, if he says that it is time barred, you can approach the Controlling Authority.
From India, Kannur
4193An application for payment of gratuity filed after the expiry of the periods specified in this rule shall also be entertained by the employer, if the applicant adduces sufficient cause for the delay in preferring his claim, and no claim for gratuity under the Act shall be invalid merely because the claimant failed to present his application within the specified period.
In your case, it was the duty of the employer to pay the gratuity, and the failure was from his side. Therefore, if he says that it is time barred, you can approach the Controlling Authority.
From India, Kannur
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