Dear Mr.Sreeni
The decision of a Single Judge of the Madras High Court in Mettur Beardsell's case has not been over ruled as yet either by a Division Bench of the Madras High Court or by the Supreme Court. It is correct that the Payment of Gratuity Act had not been amended. But the judgment of the single Judge of the Madras High Court is an interpretation of the existing provisions of the Payment of Gratuity Act especially on the definition of "continuous service". The judgments of the High Courts and Supreme Court are also law. In some other thread in Citehr I have quoted extensively from an article by a practising advocate and also from a judgment of the Honourable Bombay High Court which has held that the Tribunals in a State(in your case the Controlling Authority under the Payment of Gratuity Act) are bound by the decisions of the High Court in whose territorial jurisdiction that Tribunal is functioning. If this principle is applied, then the Controlling Authority under the Payment of Gratuity Act at Chennai has to follow the decision of the Madras High Court in Mettur Beardsell's case and to award gratuity to you. The Controlling Authority under the Payment of Gratuity Act at Chennai need not follow the judgment of the Andhra Pradesh High Court referred to by your previous employer, as a judgment of the Madras High Court on the issue is still in force.
You have left the services of the ISP in 2007. You should have applied for gratuity to the ISP within thirty days from the date on which your employment came to an end. As per the information furnished by you, there is a delay in the submission of request to ISP or probably you have not submitted the request to the ISP at all. You can still apply for gratuity to the ISP in the prescribed form and through registered post with acknowledgment due and in the application form you can give the reasons for not applying within the prescribed time. If the employer either remains silent or refuses to either condone the delay or to make payment of gratuity, you can after waiting for fifteen days from the date of receipt of the application for gratuity by the ISP file a claim petition before the Controlling Authority under the Payment of Gratuity Act in the prescribed form.
With regards
From India, Madras
169The decision of a Single Judge of the Madras High Court in Mettur Beardsell's case has not been over ruled as yet either by a Division Bench of the Madras High Court or by the Supreme Court. It is correct that the Payment of Gratuity Act had not been amended. But the judgment of the single Judge of the Madras High Court is an interpretation of the existing provisions of the Payment of Gratuity Act especially on the definition of "continuous service". The judgments of the High Courts and Supreme Court are also law. In some other thread in Citehr I have quoted extensively from an article by a practising advocate and also from a judgment of the Honourable Bombay High Court which has held that the Tribunals in a State(in your case the Controlling Authority under the Payment of Gratuity Act) are bound by the decisions of the High Court in whose territorial jurisdiction that Tribunal is functioning. If this principle is applied, then the Controlling Authority under the Payment of Gratuity Act at Chennai has to follow the decision of the Madras High Court in Mettur Beardsell's case and to award gratuity to you. The Controlling Authority under the Payment of Gratuity Act at Chennai need not follow the judgment of the Andhra Pradesh High Court referred to by your previous employer, as a judgment of the Madras High Court on the issue is still in force.
You have left the services of the ISP in 2007. You should have applied for gratuity to the ISP within thirty days from the date on which your employment came to an end. As per the information furnished by you, there is a delay in the submission of request to ISP or probably you have not submitted the request to the ISP at all. You can still apply for gratuity to the ISP in the prescribed form and through registered post with acknowledgment due and in the application form you can give the reasons for not applying within the prescribed time. If the employer either remains silent or refuses to either condone the delay or to make payment of gratuity, you can after waiting for fifteen days from the date of receipt of the application for gratuity by the ISP file a claim petition before the Controlling Authority under the Payment of Gratuity Act in the prescribed form.
With regards
From India, Madras
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc