I resigned after 6 years of service in a private company in Kolkata, how do I claim my gratuity?
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Below is a comprehensive legal analysis based on Indian law for your question.
Gratuity is payable under the Payment of Gratuity Act, 1972, and the West Bengal Premises Tenancy Act 1997 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 Kolkata. The Calcutta 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.
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