General

My friend worked in a pvt ltd company for about 18 years 10 months.employer is refusing to pay gratuity to him stating that company is in financial loss for the last 2 years. How can he get his gratuity. Please the company has already made the provision of gratuity when there were more than 10 employee.Now there is no employee in the company.Please advise is gratuity payable to my friend under these circumstances.
Replies (1)

Dear Rajesh,

You can approach the labour office of your area however, the most important thing is to obtain relieving letter cum no due certificate from your employer. Don't approach your labour office unless you get these two.

The relieving letter will serve the purpose of proof of employment. You can follow the following procedure:

a) Once you get relieving letter, you send a letter to your employer by Registered A/D asking for the gratuity.

b) If no reply is received, send a second letter (or reminder) quoting reference of your first letter. Send this letter also by Registered A/D. However, this time, mark copy of this letter to the labour officer of your area.

c) If employer does not take any action even after fortnight or so, go to labour office, with all the proof of your employment, and past correspondence and explain to him your problem. Labour officer, if busy, may give appointment on specified date. Go again and explain him everything.

d) Labour officer will treat this as industrial dispute and will call both the parties. He will give his verdict (most probably, it should be in your favour). At this time you need to prove that there was no break in your employment and yours was continuous service of 4 years and 240 days at least or more.

e) If your employer is still adamant and does not pay you gratuity, approach some lawyer and send a lawyer's notice.

f) If employer does not respond to the lawyer's notice also then you are free to file suit against your employer.

g) If there are so many persons who could not get gratuity, then better all of you follow the same procedure and while approaching labour officer all of you go together. Your collective representation will add weight to your demand.

All the Best...


 

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
08 October 2026
Accounts and Tax Associate

POOJA R TELI & CO

Pune

CA Inter

View Details
Company
19 September 2026
CA/Semi-CA/BCom

Pravin Sarvaiya

Mumbai

CA Inter

View Details
Company
Featured 11 September 2026
Audit Executive

RBSM Corporate Advisors Private Limited

Pune

CA

View Details
Company
08 October 2026
SALES TELECALLER

HIRE NOVA

Lucknow

Graduate (Any)

View Details
Company
17 September 2026
Chartered Accountant

Dass Gupta & Associates

Gurgaon

CA

View Details
Company
18 September 2026
Accounts & Finance Specialist

ULTRA CHEMICAL WORKS

Thane

CA Final

View Details
Company
ARTICLESHIP 16 September 2026
Article Assistant

MANUJ SHARMA AND COMPANY

Noida

CA Inter

View Details
Company
ARTICLESHIP 16 September 2026
CA Article Trainee

SR BAGAI & Co.

New Delhi

CA Inter

View Details