Section 7 of Payment of Gratuity Act, 1972
Section 7 of Payment of Gratuity Act, 1972 deals with 'Determination of the amount of gratuity'.
From the Act
(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.
1*[(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.]
(4) (a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.
2*[(b) Where there is a dispute with regard to any matter or mattes specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the controlling authority for deciding the dispute.]
3*[(c) The controlling authority shall, after due inquiry and after giving the parties to the dispute a reasonable opportunity of being heard, determine the matter or matters in dispute and if, as a result of such inquiry any amount is found to be payable to the employee, the controlling authority shall direct the employer to pay such amount or, as the case may be, such amount as reduced by the amount already deposited by the employer.]
4*[(d)] The controlling authority shall pay the amount deposited, including the excess amount, if any, deposited by the employer, to the person entitled thereto.
4*[(e)] As soon as may be after a deposit is made under clause
(a), the controlling authority shall pay the amount of the deposit--
(i) to the applicant where he is the employee; or
(ii) where the applicant is not the employee, to the 1*[nominee or, as the case may be, the guardian of such nominee or] heir of the employee if the controlling authority is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity.
(5) For the purpose of conducting an inquiry under sub-section (4), the controlling authority shall have the same powers as are vested in a court, while trying a suit, under the Code of Civil Procedure, 1908 (5 of 1908), in respect of the following matters, namely:--
(a) enforcing the attendance of any person or examining him on oath;
(b) requiring the discovery and production of documents;
(c) receiving evidence on affidavits;
(d) issuing commissions for the examination of witnesses.
(6) Any inquiry under this section shall be a judicial proceeding within the meaning of sections 193 and 228, and for the purpose of [[Section 196 of Indian Penal Code, 1860|section 196, of the Indian Penal Code (45 of 1860).
(7) Any person aggrieved by an order under sub-section (4) may, within sixty days from the date of the receipt of the order, prefer an appeal to the appropriate Government or such other authority as may be specified by the appropriate Government in this behalf:
Provided that the appropriate Government or the appellate authority, as the case may be, may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, extend the said period by a further period of sixty days:
1*[Provided further that no appeal by an employer shall be admitted unless at the time of preferring the appeal, the appellant either produces a certificate of the controlling authority to the effect that the appellant has deposited with him an amount equal to the amount of gratuity required to be deposited under sub-section (4), or deposits with the appellate authority such amount.]
(8) The appropriate Government or the appellate authority, as the case may be, may, after giving the parties to the appeal a reasonable opportunity of being heard, confirm, modify or reverse the decision of the controlling authority.
- Sec 7: Application by way of Form I for gratuity amount can be submitted before 30-days of superannuation when the exact date of superannuation is known. Nominee (Form J) and legal heir (Form K) can claim gratuity amount in case of death of the employee.
- Sec 7: Employer calculates and gives notice to employee once the gratuity amount is determined. Gratuity amount should be paid within 30 days from the date it becomes payable. If not paid within 30 days, employer has to pay a simple interest on the amount at the rate not exceeding the rate notified by the Central Government for long-term deposits (11%).
- Sec 7: Disputes in regard to gratuity should be placed before Controlling Authority (CA). CA is appointed by appropriate Government and is a quasi-judicial authority. He conducts enquiry in the form of a judicial proceeding by adhering to principles of natural justice. He has the powers of a Court under Code of Civil Procedure for enforcing attendance, requiring discovery and production of records, receiving evidence on affidavits and issuing commissions for examination of witnesses. Employer shall deposit the amount he admitted to be payable as Gratuity when dispute before CA arises. Aggrieved party may appeal to appropriate Government or such other authority within 60 days of receipt of the order.
Related Cases / Recent Cases / Case Laws
- Y K Singla Vs Punjab National Bank and Others, Civil Appellate Jurisdiction, Civil Appeal No. 9087 OF 2012 (Arising out of SLP (Civil) No.14570 of 2012), Supreme Court of India judgement dated December 14, 2012
Other Related Sections from the Act
- Section 8: Recovery of gratuity
- Section 9: Penalties
- Section 10: Exemption of employer from liability in certain cases
Other Related Acts
- Equal Remuneration Act, 1976
- Employees Provident Funds and Miscellaneous Provisions Act, 1952
- Employees State Insurance Act, 1948
- Industrial Disputes Act, 1947