I resigned after 6 years of service in a private company in Purnia, how do I claim my gratuity?
KA Asked by Kavita Joshi from India
Quick Answer
Gratuity is payable under the Payment of Gratuity Act, 1972, and the Bihar Rent Control Act 2017 rules, to any employee who has completed five years of continuous service in an establishment covered by the Act.
Detailed Legal Analysis
Gratuity is payable under the Payment of Gratuity Act, 1972, and the Bihar Rent Control Act 2017 rules, to any employee who has completed five years of continuous service in an establishment covered by the Act. You must file an application in Form I with your employer, who is obligated to pay gratuity within 30 days of it becoming payable.
The amount is calculated as 15 days' wages for every completed year of service, subject to the statutory ceiling notified by the central government. If the employer fails to pay, you can file a claim with the Controlling Authority of Gratuity in Purnia.
The Patna High Court has held that gratuity is a retrenchment-cum-retirement benefit and its withholding without sufficient cause attracts penal interest. If the Controlling Authority's order is adverse, you can appeal to the Appellate Authority within the prescribed period.
Legal Provisions Referenced
Verify the current statutory text at India Code (the official repository of Indian legislation) or the Legislative Department. This answer is general legal information, not advice on your specific matter.
Disclaimer: AI-generated for educational purposes only. Does not constitute legal advice. Consult a qualified practitioner.