Application for the Payment of Gratuity: [Section 7 and Rule 7]

(1) An employee who is eligible for payment of gratuity under the Act, or any person authorized, in writing, to act on his behalf, shall apply, ordinarily within 30 days from the date of the gratuity became payable, in Form ‘I’ to the employer.

But if the date of superannuation or retirement of an employee is known, the employee may apply to the employer before 30 days of the date of superannuation or retirement.

(2) A nominee of an employee who is eligible for payment of gratuity in case of death of the employee, shall apply to the employer ordinarily within 30 days from the date of the gratuity becomes payable to him in the Form ‘J’.

An application on plain paper with relevant particulars shall also be accepted. The employer may obtain such other particulars as may be deemed necessary by him.

(3) If an employee dies without making a nomination, his legal heir, who is eligible for the payment of gratuity, shall apply, ordinarily within one year from the date of gratuity became payable to him in form ‘K’ to the employer.

An application even after the prescribed period shall also be entertained by the employer, if the sufficient cause for delay has been mentioned in the application. Any dispute in this regard shall be referred to the Controlling Authority for his decision. In any case, the claim for gratuity cannot treated as invalid merely because the claimant failed to submit the application within the prescribed time.

The application shall be presented to the employer either by personal service or by registered post with A/D. [Rule 7]