Can employee approach Directing authority for dispute regarding Payment of Gratuity after 90 days of leaving job...... pls tell if any one knows...
From India, Pune
From India, Pune
167
You can approach the authority for recovery of gratuity anytime post cessation of employment. First you have to send Form I within a month from the date of cessation of employment and then have to file Form N within next 3 months.
You are bound to file a claim beyond that period but such delay needs to be condoned by the authority. Please note that condonation of delay is not your right.
From India, Kolkata
You are bound to file a claim beyond that period but such delay needs to be condoned by the authority. Please note that condonation of delay is not your right.
From India, Kolkata
Dear seniors, Thanks for the guidance....If delay is not condoned by directing authority, I am also thinking to approach consumer forum for the dispute of Gratuity...as it is cost effective & time saving than Labour court...Am I right.....
From India, Pune
From India, Pune
Consumer forum does not have the jurisdiction to entertain the case since you are not even a consumer.
From India, Kolkata
From India, Kolkata
Certainly you can approach Controlling Authority under PGA even after 90 days. In Maha. State, such authority is Labour Court. You will have to file delay condonation application along with claim appliation. You must properly explain the reasons of delay...
District Consumer Forum is not the authority to decide Gratuity disputes.
From India, Kolhapur
District Consumer Forum is not the authority to decide Gratuity disputes.
From India, Kolhapur
There is no mention of any kind of limitation clause from the eligible applicant anywhere on the gratuity act. I don't know who brought this 90 days rule and everyone is cawing 90 days 90 days everywhere.
Limitation is only applicable to the employer and they are subject to penalty in the form of interest as well as fines in case of delay. If post 90 days if you are not eligible to even apply for gratuity, why does the act state that the employer has to pay interest at the rate of 10% per annum for the delay from the day the applicant becomes eligible for gratuity?
From India
Limitation is only applicable to the employer and they are subject to penalty in the form of interest as well as fines in case of delay. If post 90 days if you are not eligible to even apply for gratuity, why does the act state that the employer has to pay interest at the rate of 10% per annum for the delay from the day the applicant becomes eligible for gratuity?
From India
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