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Gratuity claim with the Employer.


16-Sep-2025 (In Labour & Service Law)
I have worked in a travel company around 15years as per Indian labour law am i eligible for gratuity its a private company and the offer letter they never mentioned about the Gratuity,still i can claim from them .If they denies what is the legal process claim and any other benefit will i get as tenure of service in the company.I was designated as a Manager in the travel agency. I checked with the Management team and they saying its purely the wish of the employer. Need advice on this matter.
Answers (2)

Answer #1
543 votes
Dear Client, 1. Under the Payment of Gratuity Act, 1972, gratuity is a statutory right, not the employer’s wish. Since you have completed 15 years of service, you are eligible for gratuity, even if not mentioned in the offer letter. 2. If the company refuses, you can file a claim before the Controlling Authority (Labour Commissioner) under the Act. Other benefits depend on company policy, but gratuity cannot be denied. 3. Consult an advocate to discuss your case in brief. 4. You may schedule an appointment regarding your case by phone or email at your convenience. Thanks & regards, Priyanka Advocate Coimbatore
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Answer #2
808 votes
As you’ve worked continuously for 15 years in the travel agency, you are legally entitled to receive gratuity under the Payment of Gratuity Act, 1972. The law says that any employee who has completed 5 or more years of continuous service is eligible for gratuity when leaving the job. Since you’ve completed 15 years, you fully qualify. 1: We’ll first send a formal request (Form I) to your employer asking them to release the gratuity amount. They must pay it within 30 days. 2: If they don’t respond or deny payment, we’ll file a complaint before the Labour Department (Controlling Authority) to claim the gratuity along with interest. 3: If needed, we can later take it up legally through enforcement or writ petition for recovery. Please keep ready the following documents: Appointment letter / any proof of employment Salary slips or bank statements Resignation or relieving letter ID proof
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