Hi seniors,
One of my colleague had been retired on April 2014 (worked for more than 10 yrs), but unfortunately his gratuity claim was not made on that period. Now he is claiming his gratuity but company told him that as his claim was not submitted within related period, his gratuity will not be available from LIC (company has Group Gratuity Scheme of LIC and his name was removed on last yearly list of employee submitted to LIC) due to late information. So, my question is now that the company's opinion is true or not. If true, is there any solution to get his gratuity from LIC.
From India, Chennai
2One of my colleague had been retired on April 2014 (worked for more than 10 yrs), but unfortunately his gratuity claim was not made on that period. Now he is claiming his gratuity but company told him that as his claim was not submitted within related period, his gratuity will not be available from LIC (company has Group Gratuity Scheme of LIC and his name was removed on last yearly list of employee submitted to LIC) due to late information. So, my question is now that the company's opinion is true or not. If true, is there any solution to get his gratuity from LIC.
From India, Chennai
Dear Subrata,
Sec.7(2) of the Payment of Gratuity Act,1972 clearly states that the employer has to determine the amount of gratuity payable even if no notice of claim is made by the employee and send a notice to the employee under copy to the Controlling Authority under the Act and ss(3) of Sec.7 enjoins upon the employer the responsibility to arrange to pay the amount of gratuity within 30 days when it becomes payable. Since your colleague retired in April,2014, it is the responsibility of the employer to arrange for the disbursement of the amount of gratuity from the Insurer directly or through himself within 30 days from the actual date of retirement. If the Insurer is not able to pay the amount of gratuity for the reason of non-remittance of the premium, it is the duty of the employer to make payment with interest for delay vide Sec.4A(5). Therefore the contention of the management is totally wrong and untenable and let your friend file a claim against both the employer and the LIC with the assistance of an advocate.
From India, Salem
Sec.7(2) of the Payment of Gratuity Act,1972 clearly states that the employer has to determine the amount of gratuity payable even if no notice of claim is made by the employee and send a notice to the employee under copy to the Controlling Authority under the Act and ss(3) of Sec.7 enjoins upon the employer the responsibility to arrange to pay the amount of gratuity within 30 days when it becomes payable. Since your colleague retired in April,2014, it is the responsibility of the employer to arrange for the disbursement of the amount of gratuity from the Insurer directly or through himself within 30 days from the actual date of retirement. If the Insurer is not able to pay the amount of gratuity for the reason of non-remittance of the premium, it is the duty of the employer to make payment with interest for delay vide Sec.4A(5). Therefore the contention of the management is totally wrong and untenable and let your friend file a claim against both the employer and the LIC with the assistance of an advocate.
From India, Salem
Employer is expected make payment within 30 days of retirement. Do not worry,employer will have to pay the gratuity amount.
From India, Pune
From India, Pune
You have to fight. Write and keep reminding, collect denials also from your employer and build up case to file claim of gratuity. Regds, RDS Yadav Labour Law Advisor
From India, Delhi
From India, Delhi
Dear Subrata,
Your friend retired in April 2014 and now in June 2016, he wants to file claim of Grauity. For this, first you will have to make a separate delay condonation application to Controlling Authority, under PGA., stating reasons for delay. Along with this delay condonation application, you will have to file your claim of Gratuity with interest from the due date.
Delay Application and Claim both should be made against both the employer and the G G insurance Company. i. e. both should be made parties in the poceedings.
It is advisable to file your claim as early as possible as undue delay in claiming further delays the matter.
From India, Kolhapur
Your friend retired in April 2014 and now in June 2016, he wants to file claim of Grauity. For this, first you will have to make a separate delay condonation application to Controlling Authority, under PGA., stating reasons for delay. Along with this delay condonation application, you will have to file your claim of Gratuity with interest from the due date.
Delay Application and Claim both should be made against both the employer and the G G insurance Company. i. e. both should be made parties in the poceedings.
It is advisable to file your claim as early as possible as undue delay in claiming further delays the matter.
From India, Kolhapur
You can claim gratuity in FORM I after last date of work from the employer. If they do not pay, then you have to claim the gratuity in FORM N within three months before the Controlling authority under the Act. If the time period is exceeded, then you require to file a separate petition of delay condonation while filing FORM N. Gratuity can be withheld only if the service of the employee is terminated on grounds related to moral turpitude. Please apply for gratuity in the following procedure. You do not have to worry about the LIC part.
From India, Kolkata
From India, Kolkata
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