Advocate Sameedha Reddy

Questions Answered by Advocate Sameedha Reddy (25+ answers)

Q: Document issue for gratuity claim.

Use legal heir instead of sucession certificate is valid or not for gratuity claim of decased person?

Advocate Sameedha Reddy answered
Gratuity is a statutory right for employees under the **Payment of Gratuity Act, 1972**, after completing a minimum of five years of continuous service (waived in case of death or disablement). It is not a favour but a legal entitlement.The usual process to claim gratuity is:1. **Application to Employer:** The employee must first submit an application in **Form 'I'** to the employer, ordinarily within 30 days of the amount becoming payable (e.g., retirement, resignation). The employer is then legally obligated to calculate and pay the gratuity within 30 days of the due date.2. **Dispute/Non-Payment:** If the employer refuses payment, pays an incorrect amount, or fails to pay within 30 days, the employee should file an application in **Form 'N'** to the **Controlling Authority** (often the Labour Commissioner) under the Act. This authority will conduct an inquiry and pass an order for payment.**Legal Notice and Labour Court:** While sending a **legal notice** to the employer for non-payment is not a mandatory step under the Gratuity Act, it is a common and often effective preliminary measure to pressure the employer before involving the authorities. The primary claim for unpaid gratuity is filed before the *Controlling Authority* under the Act, not directly before a Labour Court in the first instance. If dissatisfied with the Controlling Authority's order, an appeal can be filed with the Appellate Authority. The matter only typically proceeds to a Labour Court or High Court if there are further challenges to the Controlling/Appellate Authority's decision, or if other employment-related dues are also being claimed.

Q: Gratuity not paid after completion of 5 years

I completed 5 years in a company and received a 5-year milestone certificate, but was denied gratuity in my full & final settlement. The company rebranded/merged in 2020 with same management. Do I have legal grounds to claim my gratuity?

Advocate Sameedha Reddy answered
Gratuity is a statutory right for employees under the **Payment of Gratuity Act, 1972**, after completing a minimum of five years of continuous service (waived in case of death or disablement). It is not a favour but a legal entitlement.The usual process to claim gratuity is:1. **Application to Employer:** The employee must first submit an application in **Form 'I'** to the employer, ordinarily within 30 days of the amount becoming payable (e.g., retirement, resignation). The employer is then legally obligated to calculate and pay the gratuity within 30 days of the due date.2. **Dispute/Non-Payment:** If the employer refuses payment, pays an incorrect amount, or fails to pay within 30 days, the employee should file an application in **Form 'N'** to the **Controlling Authority** (often the Labour Commissioner) under the Act. This authority will conduct an inquiry and pass an order for payment.**Legal Notice and Labour Court:** While sending a **legal notice** to the employer for non-payment is not a mandatory step under the Gratuity Act, it is a common and often effective preliminary measure to pressure the employer before involving the authorities. The primary claim for unpaid gratuity is filed before the *Controlling Authority* under the Act, not directly before a Labour Court in the first instance. If dissatisfied with the Controlling Authority's order, an appeal can be filed with the Appellate Authority. The matter only typically proceeds to a Labour Court or High Court if there are further challenges to the Controlling/Appellate Authority's decision, or if other employment-related dues are also being claimed.