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Employer say that gratuity claim application is time barred
22-Jul-2023 (In Labour & Service Law)
Sir, I reigned after 8 years service on 1-7-2015, send mail to employer on 9Dec2015 & 27Jan 2016 and filed application before Asstt. Labour Commissioner Delhi on 8-4-2016. Reply of employer is as under- 1-That the claim application is time barred,hence the claim application is not maintainable. 2-That the applicants not come in court with clean hands and the application suppressed the true and correct fact in claim application,hence the claim application is not maintainable. Is it time barred ? Is it proof of the employer,s intention not to pay Gratuity per Act? Pl advice, .
You can reply saying that you waited for the employer to pay you the gratuity but after no payment in 5 month you requested him through mails (attach copy of mails) and thereafter you approached commissioner so how can it be time bar, he can escape his liability to pay.
In case it is time barred, can move an application for condonation of delay.
In case it is time barred, can move an application for condonation of delay.
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Adv. Upma Shrivastava
Delhi | 25+ Answers
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The Mail is not time barred. However, the Employers have to state certain reasons for denying Gratuity, that is the reason they must have stated the same. You should pursue the matter in the Labour Commission. The Labour Commissioners are reasonable and justiciable people, and you should get the Gratuity soon, if the employer does come to the Commission on each date of hearing.
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