Hi, I have completed 30 years of service in a public sector undertaking of the Kerala government. Due to a delay in the payment of gratuity, I approached the labor commissioner and obtained an order instructing the organization to pay the gratuity amount along with interest. However, even after 6 months, it has not been paid. Many have suggested that I should approach the High Court.
Gratuity is a statutory provision. Are there any other remedies available for me to receive my gratuity?
From India, Malappuram
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Gratuity is a statutory provision. Are there any other remedies available for me to receive my gratuity?
From India, Malappuram
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You had already approached the Controlling Authority under the Payment of Gratuity Act, 1972 and obtained an order for PSU to disburse the gratuity payment. As the employer did not pay any heed to the order, you can approach the court of law, praying for the implementation.
From India, Aizawl
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699From India, Aizawl
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Dear Prasanth,
Your post does not reveal whether you lodged a general complaint with the Labor Commissioner against non-payment of gratuity or filed a formal claim u/s 7(4)(b) of the PGA 1972. If it is the latter and in the event of the employer having failed to prefer an appeal before the Appellate Authority under the Act within the limitation period of 60 days against the orders of the C.A, you can again approach the Controlling Authority who passed the orders intimating the fact of non-compliance. Then the Controlling Authority will issue a certificate u/s 8 of the PGA to the District Collector concerned for recovery of the amount of gratuity with interest from the employer.
From India, Salem
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Your post does not reveal whether you lodged a general complaint with the Labor Commissioner against non-payment of gratuity or filed a formal claim u/s 7(4)(b) of the PGA 1972. If it is the latter and in the event of the employer having failed to prefer an appeal before the Appellate Authority under the Act within the limitation period of 60 days against the orders of the C.A, you can again approach the Controlling Authority who passed the orders intimating the fact of non-compliance. Then the Controlling Authority will issue a certificate u/s 8 of the PGA to the District Collector concerned for recovery of the amount of gratuity with interest from the employer.
From India, Salem
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Dear Mr. Umakanthan,
Since you were the Addl. Commissioner of Labour, you are the best person to answer the query below.
Sir, concerning PGA, 1972, does the calculation of 240 and 190 days of Section 2A 2a (i) & (ii) reps include/exclude weekly offs? If it excludes, then are only Sundays excluded, or are both Saturdays and Sundays excluded? Additionally, are all holidays also included?
Thanks in advance.
From India, New Delhi
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Since you were the Addl. Commissioner of Labour, you are the best person to answer the query below.
Sir, concerning PGA, 1972, does the calculation of 240 and 190 days of Section 2A 2a (i) & (ii) reps include/exclude weekly offs? If it excludes, then are only Sundays excluded, or are both Saturdays and Sundays excluded? Additionally, are all holidays also included?
Thanks in advance.
From India, New Delhi
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