For Gatuity
3 months ago
I Worked in Sugar Mill since 31-03-1984 as on Temporary Clerk . that was the Seasonal Work. Mill give Me work on Roosting System. After Some time sugar mill Give me Work Regular since 195-96. Sugar mill Did Seasonal clerk by order in 27-11-2005 under Fitment. I retired on Date 29-06-2024. Now sugar mill and give me Gratuity Since 27-11-2005 To 29-06-2024.
Is this Current Time of Gratuity? while I need Gratuity dated 31-03-1984 to 29-06-2024. Am i Right or Wrong. Pl. help me sir. (Udham Singh Nagar, Uttarakhand)
According to Section 4(1) of the Payment of Gratuity Act of 1972, gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more. According to section 2A of the Act, an employee is said to be in continuous service for a period if he has for that period been in uninterrupted service including service which may be interrupted on account of accident, sickness, leave, absence from duty without leave, layoff, strike or a lock-out or cessation of work not due to any fault of employee. So, regardless of the nature of employment or engagement, i.e, temporary, casual, seasonal and when no interruption is caused on your part right from the date of employment, your eligibility for payment of gratuity from the initial date of employment i..e, 31-03-1984 to the date of retirement, i.e, 29-06-2024 is covered by Section 2A of the Act that defines continuous service as explained above. Section 4(2) of the Act provides that for every completed year of service or part thereof in excess of 6 months, the employer shall pay gratuity to an employee at the prescribed rates. Under Rule 7(1) of the Payment of Gratuity Rules, 1972, an employee who is eligible for payment of gratuity under the Act, or any person authorized, in writing, to act on his behalf, shall apply, within thirty days from the date the gratuity became payable, in Form 'I' to the employer who is duty bound to disburse the gratuity within 30 days of cessation of employment of employee or claim made by an employee. After the completion of 30 days, the employer has to pay you not only the gratuity amount but also the simple interest accrued for the delay in payment of the gratuity. In case of denial of gratuity by the employer, serving a legal notice to the company, reach out to the office of the concerned Labour Commissioner and the Controlling Authority under the Act to file a complaint against the employer over non-payment of gratuity despite your eligibility to redress the grievance. Under Sub-Sec.5 of Section 7 of the Act, the Controlling Authority is empowered with the Code of Civil Procedure, 1908 to try the claim of the applicant and pass an order/direction on the claim petition. If required, you may hire the service of an Advocate experienced in service matters to navigate the issue in the right way.
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