Dear All,
An employee resigned from services in august 2002. No status of his resignation is known till date (June 2016) in spite of communications made with regard to the settlement of dues from time to time till 2006. Request for settlement of dues included re-assessment of arrears due, date of increments and number of increments due as result of earning superior qualifications. Consequently, no relieving certificate provided. Only CPF was disbursed in favour of the employee in 2006. My submission is as under:
1. Can the employee raise request for calculation of gratuity and payment of the same keeping in view the time lag that has elapsed?
2. As is clear that the employer is not willing to pay any attention to the request raising issues of settlement of arrears and increments that is likely to change the basic wages (basic + DA) which is likely to enhance the quantum of gratuity payable.
3. Can the employee ask for the payment of gratuity forfeiting his claim of reassessment of salary component/s as shared above.
I shall appreciate all the help.
regards
From India, Jammu
An employee resigned from services in august 2002. No status of his resignation is known till date (June 2016) in spite of communications made with regard to the settlement of dues from time to time till 2006. Request for settlement of dues included re-assessment of arrears due, date of increments and number of increments due as result of earning superior qualifications. Consequently, no relieving certificate provided. Only CPF was disbursed in favour of the employee in 2006. My submission is as under:
1. Can the employee raise request for calculation of gratuity and payment of the same keeping in view the time lag that has elapsed?
2. As is clear that the employer is not willing to pay any attention to the request raising issues of settlement of arrears and increments that is likely to change the basic wages (basic + DA) which is likely to enhance the quantum of gratuity payable.
3. Can the employee ask for the payment of gratuity forfeiting his claim of reassessment of salary component/s as shared above.
I shall appreciate all the help.
regards
From India, Jammu
1. There is no time bar in claiming gratuity provided that the delay is properly explained to be condoned.
2. I failed to understand the question, sorry.
3. Yes.
Check my blog at www.labourlawhub.com
From India, Kolkata
2432. I failed to understand the question, sorry.
3. Yes.
Check my blog at www.labourlawhub.com
From India, Kolkata
The improve resign in the year 2002. He followed up with the company for his dues till 2006.
After that for a period of 10 years, he has done nothing!
The standard period of limitation is three years. She should have a very good reason and should asking for a waiver of the delay in replying for the same if the court feels that the delay is justified. Else the employee has no hopes for it. The employer can claim he has paid all dues but since the records don't need to be kept after 8 years, he has nothing to show.
It appears the employer is a central government employee. He can probably approach the central administrative tribunal for redress all.
From India, Mumbai
After that for a period of 10 years, he has done nothing!
The standard period of limitation is three years. She should have a very good reason and should asking for a waiver of the delay in replying for the same if the court feels that the delay is justified. Else the employee has no hopes for it. The employer can claim he has paid all dues but since the records don't need to be kept after 8 years, he has nothing to show.
It appears the employer is a central government employee. He can probably approach the central administrative tribunal for redress all.
From India, Mumbai
For the service period rendered from 1990 to 2002 the CPF was drawn in 2006 but the consequent dues in the form of gratuity remained unpaid and the status of my resignation was never communicated to me till date as I had asked for reassessment of arrear dues which was also not done or communicated. Should this reason not be sufficient to approach the authorities.
regardsr
From India, Jammu
regardsr
From India, Jammu
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc