Dear Experts,
I Joined organisation on 15th February 2007 as Management Trainee and got confirmed on 01 April 2008 through which Payment of gratuity became eligible. I had resigned the organisation on 20th February 2014. Hence as per Gratuity law i had completed more than 5 years (5 years 10 Months 20 days). But Now company is in very bad shape, They have not paid me last 7 Months of salary, not contributed last one year PF contributions. Hence they did not give me relieving letter but issued experience certificate, No due certificate. I have all proof for reliving. Now how can i get this gratuity amount? From company\'s annual report it is found they have deposited gratuity fund in LIC. Now almost all employees are leaving the organisation due to non payment of salaries. My request is how to claim gratuity amount since i had spent 6 years of service ? Please guide me
Phaneendra T J
From India, New Delhi
I Joined organisation on 15th February 2007 as Management Trainee and got confirmed on 01 April 2008 through which Payment of gratuity became eligible. I had resigned the organisation on 20th February 2014. Hence as per Gratuity law i had completed more than 5 years (5 years 10 Months 20 days). But Now company is in very bad shape, They have not paid me last 7 Months of salary, not contributed last one year PF contributions. Hence they did not give me relieving letter but issued experience certificate, No due certificate. I have all proof for reliving. Now how can i get this gratuity amount? From company\'s annual report it is found they have deposited gratuity fund in LIC. Now almost all employees are leaving the organisation due to non payment of salaries. My request is how to claim gratuity amount since i had spent 6 years of service ? Please guide me
Phaneendra T J
From India, New Delhi
Dear Phaneendra,
The employer is liable to make payment of gratuity under the Payment of Gratuity Act within 30 days from the date of release. Since they fail to make payment, you may approach the Controlling Authority under the PG Act, who is generally the Labour Commissioner, with an application. The CA will summon the employer and facilitate in getting the gratuity to you.
Best of luck.
From India, Mumbai
94The employer is liable to make payment of gratuity under the Payment of Gratuity Act within 30 days from the date of release. Since they fail to make payment, you may approach the Controlling Authority under the PG Act, who is generally the Labour Commissioner, with an application. The CA will summon the employer and facilitate in getting the gratuity to you.
Best of luck.
From India, Mumbai
Dear sir, Thank you for your valuable suggestions and feed back, is there any procedure of format to approach controlling authority? Regards Phaneendra T J
From India, New Delhi
From India, New Delhi
Dear Phaneendra,
You need to apply in Form 'I' prescribed under the Delhi PG Rules,1973 giving particulars of the service with your previous employer and send it to the Controlling Authority of the state.The NCT of Delhi has been divided into nine regions as such you have to check under which region your organisation falls, you need to apply to the Controlling Authority accordingly.
For 'I' is attached for you needful action.
BS Kalsi
Member since Aug 2011
From India, Mumbai
You need to apply in Form 'I' prescribed under the Delhi PG Rules,1973 giving particulars of the service with your previous employer and send it to the Controlling Authority of the state.The NCT of Delhi has been divided into nine regions as such you have to check under which region your organisation falls, you need to apply to the Controlling Authority accordingly.
For 'I' is attached for you needful action.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Dear Phaneendra, I am sorry Form "I" could not be attached with my previous mail. I am trying again. BS Kalsi Member since Aug 2011
From India, Mumbai
From India, Mumbai
Dear Sir,
Thank you very much for your Input, I was working at chennai but company is registered at Delhi, Janakpuri. Hence I understand from your statement i should send Form I to Controlling authority Delhi. Please correct me if am wrong. Thanks once again
Regards
Phaneendra T J
From India, New Delhi
Thank you very much for your Input, I was working at chennai but company is registered at Delhi, Janakpuri. Hence I understand from your statement i should send Form I to Controlling authority Delhi. Please correct me if am wrong. Thanks once again
Regards
Phaneendra T J
From India, New Delhi
Dear Phaneendra,
Since you have mentioned that your company is registered at Delhi, Janakpuri. I have checked up and find that area of Janakpuri falls under the WEST district and their Labour office is located at Karampura, as such you need to file Form I with the Controlling Authority there.
BS Kalsi
Member since Aug 2011
From India, Mumbai
Since you have mentioned that your company is registered at Delhi, Janakpuri. I have checked up and find that area of Janakpuri falls under the WEST district and their Labour office is located at Karampura, as such you need to file Form I with the Controlling Authority there.
BS Kalsi
Member since Aug 2011
From India, Mumbai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc