Eligibility of time limit for claiming gratuity amount from the previous employer.

Y. Venkata Ramana
This is Dr. Y. Venkata Ramana from Vijayawada, Andhra Pradesh. I want to bring to your notice that I have previously worked at P.B. Siddhartha College of Arts & Science, Vijayawada, as an ad hoc lecturer in the Commerce department. I worked at the aforementioned college from 1995 to 2009, nearly 14 years. In October 2009, I resigned from my position and joined another college. Recently, I have learned that teachers are also eligible to claim gratuity amounts according to the Gratuity Act of 1972, which I believe has been recently amended.

In light of this information, I approached the college authorities and submitted a letter requesting my gratuity amount. Despite waiting for up to a year, they have not responded either positively or negatively. Consequently, I sought assistance from the Labor Commissioner's Office and presented my case in a formal file format. The Deputy Labor Commissioner initiated negotiations between us; however, the college authorities refused to pay the gratuity amount. Subsequently, the Deputy Labor Commissioner issued orders for further proceedings and advised me to engage a lawyer for the next steps.

I have since hired a lawyer, prepared the necessary documentation, and submitted it to the Assistant Commissioner of Labour. At this juncture, a legal issue was raised by the Assistant Commissioner's office. They pointed out that I resigned in 2009 but am claiming gratuity in 2023, indicating a significant time gap between the two events. Therefore, I am seeking guidance on whether I am eligible to claim the gratuity amount from the authorities.
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