Disputes:
(1) Filling of application on the dispute relating to the payment of gratuity- If there is any dispute regarding the amount of gratuity payable to an employee 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, such amount as he admits to be payable by him as gratuity, to the controlling authority and for these (one or all) other person raising dispute may make an application to the controlling authority for deciding the dispute.
(2) Payment of gratuity amount after inquiry and hearing of the parties to the disputes- The controlling authority shall, after due inquiry and after giving the reasonable opportunity of being heard to the parties to the dispute, determine the matter or matters in dispute. After such inquiry if any amount is found to be payable to the employee, the controlling authority shall direct the employer to pay such amount or the difference of amount so determined and the amount already deposited by the employer to the controlling authority. The controlling authority shall pay the amount deposited by the employer including the excess amount, if any, to the person entitled thereto.
(3) Payment of the amount, where there is no dispute- As soon as the employer made the said deposit, the controlling authority shall pay the amount to the applicant where he is the employee or where the applicant is not the employee, to the nominee or as the case may be, the guardian of such nominee or legal heir of the employee, if he is satisfied that there is no dispute as to the right of the applicant to receive the amount of gratuity. For the purpose of conducting inquiry, the controlling authority shall have the same powers as are vested in the court, while trying a suit, under the Code of Civil Procedure, 1908. The proceedings made by him will be the ‘judicial proceedings’ within the meaning of Sections 193 & 228 & for the purposes of Section 196, IPC. The controlling authority will avail all the powers like enforcing the attendance, production of documents, receiving evidences on affidavits and issuing commission for the examination of witnesses. [Sections 7(4), 7(5), & 7(6)]
Application to controlling authority for direction: If an employer refuses to accept nomination or to entertain an application sought to be filed for the payment of gratuity or issues a notice either specifying an amount of gratuity which is considered by the applicant less than what is payable or rejecting eligibility to payment of gratuity or having received an application for the payment of gratuity and fails to issue any notice as required within the specified time (i.e. within 15 days ) the claimant (employee, nominee or legal heir, as the case may be) may, within 90 days of the occurrence of the cause for the application, apply in Form ‘N” to the controlling authority for issuing a direction under Section 7(4) with as many extra copies as are the opposite parties.
The controlling authority may accept any application on sufficient cause being shown by the applicant, after the expiry of the specified period also.
The said application and other relevant documents shall be presented in person to the controlling authority or shall be sent to him by registered post with A/D (Rule 10).