Hi Team
My father in law worked for a cooperative distillery and retried last year in oct 2014. Till now he has not received the gratuity payment and officials in local office does provide any specific reason for the delay. Recently we came to from one of the employee that manager has withheld the payment and payment for the same is received by the local office from distillery federation.
When ever we meet the manager , he give lame excuses and give a future date for meeting. We want to know if we have a legal option to get the payment done at earliest.
Manish Singh
From India, Bangalore
My father in law worked for a cooperative distillery and retried last year in oct 2014. Till now he has not received the gratuity payment and officials in local office does provide any specific reason for the delay. Recently we came to from one of the employee that manager has withheld the payment and payment for the same is received by the local office from distillery federation.
When ever we meet the manager , he give lame excuses and give a future date for meeting. We want to know if we have a legal option to get the payment done at earliest.
Manish Singh
From India, Bangalore
Dear Manish,
Kindly get in touch with the local gratuity office in your location. As per law it should have been paid to him within 30 days of retirement. File a complaint with the Local Gratuity Office.
Regards,
Ashutosh Thakre
From India, Mumbai
273Kindly get in touch with the local gratuity office in your location. As per law it should have been paid to him within 30 days of retirement. File a complaint with the Local Gratuity Office.
Regards,
Ashutosh Thakre
From India, Mumbai
The gratuity controller in Bangalore would be the chief labour commissioner. Go there and speak to them. They will tell you what forms to complete and submit
From India, Mumbai
From India, Mumbai
Dear Manish Tell your father in law to submit Form -I to his employer and send its copy to LC / Dy LC of your zone. Y ou will get soon call from employer.
From India
From India
Dear Manish,
My sincere request to all the querist, including you, is that whenever you start a thread, please do not forget to give all the INPUTS relating to your query, which will enable the senior members to render a correct & appropriate
advice. Now in your case though reply has been given by some members presuming that your father-in-law has put in more than FIVE years in the organisation,which makes him eligible for the payment of gratuity.
My second request to the members,who attempt to give reply, is that they should go through the Acts & state rules to get themselves acquainted with the subject. For example one member has suggested to file a complaint with the Local Gratuity Office.I am sure none of the Govts have open any such office to deal exclusively with the cases of payment of gratuity. This kind of reply make the querist more confused and puzzled. I have no intention of offending anybody's feeling but only a sincere request.
Now coming to the query part, you can ask your father-in-law to file an application in Form-I in the office of Controlling Authority, provided your father-in-law is eligible, as discussed above.You are advised to refer to your State payment of Gratuity Rules, where form for application may not 'I' , may be marginally different. From there, you can get an idea of the exact authority, who deals with such cases.
BS Kalsi
From India, Mumbai
My sincere request to all the querist, including you, is that whenever you start a thread, please do not forget to give all the INPUTS relating to your query, which will enable the senior members to render a correct & appropriate
advice. Now in your case though reply has been given by some members presuming that your father-in-law has put in more than FIVE years in the organisation,which makes him eligible for the payment of gratuity.
My second request to the members,who attempt to give reply, is that they should go through the Acts & state rules to get themselves acquainted with the subject. For example one member has suggested to file a complaint with the Local Gratuity Office.I am sure none of the Govts have open any such office to deal exclusively with the cases of payment of gratuity. This kind of reply make the querist more confused and puzzled. I have no intention of offending anybody's feeling but only a sincere request.
Now coming to the query part, you can ask your father-in-law to file an application in Form-I in the office of Controlling Authority, provided your father-in-law is eligible, as discussed above.You are advised to refer to your State payment of Gratuity Rules, where form for application may not 'I' , may be marginally different. From there, you can get an idea of the exact authority, who deals with such cases.
BS Kalsi
From India, Mumbai
Dear Mr Kalsi Kindly confirm me which application / form have to submit in place of " FORM -I "
From India
From India
Mr. Kazi, in spite of his long post on how members do not check rules before posting, seem to have done the same himself.
The form for application for gratuity in Karnataka is Form I
There is no change in the state rules.
The forms are available on the government website here : http://labour.kar.nic.in/labour/paym...uity-rules.pdf
From India, Mumbai
The form for application for gratuity in Karnataka is Form I
There is no change in the state rules.
The forms are available on the government website here : http://labour.kar.nic.in/labour/paym...uity-rules.pdf
From India, Mumbai
And incidentally, the actual place if lodging a complaint is as below :
Claim or Complaints : Any claim or compliant under the Act shall be filed before the Assistant Labour Commissioner of the area concerned. Deputy Labour Commissioner of the area concerned is the Appellate Authority. If the employer fails to pay gratuity, it can be recovered as arrears of land revenue. Penalties are prescribed in the Act for violations.
From India, Mumbai
Claim or Complaints : Any claim or compliant under the Act shall be filed before the Assistant Labour Commissioner of the area concerned. Deputy Labour Commissioner of the area concerned is the Appellate Authority. If the employer fails to pay gratuity, it can be recovered as arrears of land revenue. Penalties are prescribed in the Act for violations.
From India, Mumbai
The Labour Office in every state has an office dedicated to solve the Gratuity queries. So if any company does not pay the gratuity in the stipulated time of 30 days, then there is redressal.
All the Labour office has this Gratutiy cell.... The Govt has by every right made this cell excusively for the grautity queries as per the act. Its the act which makes it mandatory to do so....
Regards,
Ashutosh Thakre
From India, Mumbai
All the Labour office has this Gratutiy cell.... The Govt has by every right made this cell excusively for the grautity queries as per the act. Its the act which makes it mandatory to do so....
Regards,
Ashutosh Thakre
From India, Mumbai
Dear Raj Dubey,
The querist has not mentioned the place of work or place of occurance of the non-payment of gratuity to his father-in-law. It was for that reason that I advised him to refer to the State payment of Gratuity Rules.Sh Saswata Banerjee has rightly confirm that the Form-I is the same as given in the Central rules. Thanks & Regards to him.
BS Kalsi
From India, Mumbai
The querist has not mentioned the place of work or place of occurance of the non-payment of gratuity to his father-in-law. It was for that reason that I advised him to refer to the State payment of Gratuity Rules.Sh Saswata Banerjee has rightly confirm that the Form-I is the same as given in the Central rules. Thanks & Regards to him.
BS Kalsi
From India, Mumbai
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc