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Non payment of my gratuity amount
11-Feb-2026 (In Labour & Service Law)
Hi...I worked for 7.5 years in a company owned by same Proprietor/Director. In that 6.5 years in Proprietorship and one year in Company. My gratuity has been withheld by my employer instead of sending so many mails to him. Please help me in this to get my gratuity amount.
Answer:
Having worked continuously for 7.5 years under the same management, you are legally entitled to gratuity under the Payment of Gratuity Act, 1972. A change from proprietorship to company does not break your service if the ownership and employment continued without interruption. Gratuity must be paid within 30 days of exit, and unlawful withholding can attract interest and legal consequences. Since repeated emails have not yielded any response, it appears the employer is deliberately delaying payment. In such circumstances, taking formal legal action is often the most effective way to secure both the gratuity amount and applicable interest. With proper documentation and timely steps, recovery is usually straightforward. You may consider initiating appropriate legal proceedings to enforce your statutory right and ensure you receive what is rightfully due to you.
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Adv. E. A. Ashwin Datha
Bangalore / Bengaluru | 25+ Answers
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