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Though application claiming gratuity is filed after 32 years on the death of the employee, but allowing the same by condoning the delay by the Appellate Authority is correct. - The Payment of Gratuity Act, 1972

Employer is under an obligation to release the Payment of gratuity at the time of retirement. Rule 7(1) framed under the Payment of Gratuity Act, 1972 contemplates that ordinarily within 30 days from the date of retirement, the gratuity became payable and the employee may file an application in Form (I) but this by itself shall not render the claim as redundant. It is the Controlling Authority and not the Appellate Authority under the Payment of Gratuity Act, 1972, to decide the claim of Gratuity on merits. Appellate Authority is to remand the matter back to the Controlling Authority to decide the claim on merits instead of deciding the same by itself.

-General Manager, South Eastern Coal Fields Ltd. vs. Pritpal Singh 2017 (M.P. H.C.)

The Payment of Gratuity Act, 1972

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