I worked with sahara india pariwar for 10 years and I have resigned in February\'2011. Till now I have not received my PF, gratuity and other dues. After many persuasion, request not receiving any positive response from the company.
My query is just give me any hint to take any necessary action for the same.
Urvil Shah
23rd February 2012 From United States , Cambridge

Section 7 of the payment of grauity Act 1972 reas as under will answer your query.

section 7.Determination of the amount of gratuity.

(1) A person who is eligible for payment of gratuity under this Act or any person authorised, in
writing, to act on his behalf shall send a written application to the employer, within such time and in
such form, as may be prescribed, for payment of such gratuity–
(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in
sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to
the person to whom the gratuity is payable and also to the controlling authority specifying the
amount of gratuity so determined.
20[(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it
becomes payable to the person to whom the gratuity is payable.
(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the
period specified in sub-section (3), the employer shall pay, from the date on which the gratuity
becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate
notified by the Central Government from time to time for repayment of long-term deposits, as that
Government may, by notification specify:
PROVIDED that no such interest shall be payable if the delay in the payment is due to the fault of
the employee and the employer has obtained permission in writing from the controlling authority
for the delayed payment on this ground.]

In case notice is not sent to the employee with in 30 days or for delay if any on the part of the employer simple interst liability comes on employer.

I hope now you got clarity on the subject.

Have U applied or Have you received notice regarding the determination of the gratuity from your employer u/s 7 (2) of the Act, if not approach controlling authority under Payment of gratuity Act for redressal.
9th May 2012 From India , Jhansi
Section 7 of the payment of grauity Act 1972 reas as under will answer your query.

section 7.Determination of the amount of gratuity.

(1) A person who is eligible for payment of gratuity under this Act or any person authorised, in

writing, to act on his behalf shall send a written application to the employer, within such time and in

such form, as may be prescribed, for payment of such gratuity–

(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in

sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to

the person to whom the gratuity is payable and also to the controlling authority specifying the

amount of gratuity so determined.

20[(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it

becomes payable to the person to whom the gratuity is payable.

(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the

period specified in sub-section (3), the employer shall pay, from the date on which the gratuity

becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate

notified by the Central Government from time to time for repayment of long-term deposits, as that

Government may, by notification specify:

PROVIDED that no such interest shall be payable if the delay in the payment is due to the fault of

the employee and the employer has obtained permission in writing from the controlling authority

for the delayed payment on this ground.]

In case notice is not sent to the employee with in 30 days or for delay if any on the part of the employer simple interst liability comes on employer.

I hope now you got clarity on the subject.

Have U applied or Have you received notice regarding the determination of the gratuity from your employer u/s 7 (2) of the Act, if not approach controlling authority under Payment of gratuity Act for redressal.
9th May 2012 From India , Jhansi
Hi. Please make a written complaint to the Assistant Labour Commissioner. You will receive the Gratuity alongwith interest.
Secondly have you completed and submitted your PF Transfer/ Withdrawal Form. if yes, then you have the right to claim interest from the Company if they have not deposited the same with the EPFO. Visit the nearest EPFO Office. You can also check online, the status of your EPF on "http://epfindia.nic.in".
5th July 2012 From India, Pune
Dear Mr shah,
Your employer is supposed to deposit your gratuity within 30 days of resignation. If not. please send a demand for gratuity in form I first to the employer. If he still does not settle it, then file a gratuity claim before controlling authority under Payment of gratuity i.e. assistant commissioner of labour asking for the gratuity plus interest thereon.
28th July 2012 From India , Pune
For non receipt of Gratuity you can prefer an appeal with Deputy Commissioner of Labour by filling necessary applications. As far as PF is concerned you can submit withdrawl application with your employer under cc to PF Authorities.
19th July 2013
Hi,
I have resigned from CTS on August 19.I had submitted all my pf withdrawal documents after completing the formalities.Tillnow I haven't received any updates on the status.When I contacted they told that they haven't submitted .
Could you please help on how I need to proceed.
Thanks,
BCT
27th March 2014 From India,
 

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