Delay in receiving gratuity

In the first instant send legal notice to both of them through registered post and then file suit in the high court as petitioner in person after getting it drafted by a lawyer

Make an application before the Controlling Authority as appointed by the Government. For your perusal the relevant extract of The Payment of Gratuity Actm, 1972 is given below.

8. RECOVERY OF GRATUITY. - If the amount of gratuity payable under this Act is not paid by the employer, within the prescribed time, to the person entitled thereto, the controlling authority shall, on an application made to it in this behalf by the aggrieved person, issue a certificate for that amount to the Collector, who shall recover the same, together with compound interest thereon at such rate as the Central Government may, by notification, specify, from the date of expiry of the prescribed time, as arrears of land revenue and pay the same to the person entitled thereto :

Provided that the controlling authority shall, before issuing a certificate under this section, give the employer a reasonable opportunity of showing cause against the issue of such certificate :

Provided further that the amount of interest payable under this section shall, in no case exceed the amount of gratuity payable under this Act.


For further opinion ask me.

Mr. Santosh,

Pls let me know who the controlling authority is to whom I should make application.

Priyanka in this regard you must see the provisions of the Payment of Gratuity Act and rules framed thereunder for the State of A.P. In your case the appropriate authority / controlling authority must be Labour Commissioner, subject to the verification from the Act and Rules framed thereunder.

dear priyanka

Santosh is right, please get in touch with some good labour lawyer of the area, where you worked or get in touch with Labour Department Office within that area they would provide the complete details about the Controlling Authority.

Regards