LIJDLR

RIGHT TO SERVICE AND THE ROLE OF CONTROLLING AUTHORITIES EVALUATING THE EFFECTIVENESS OF LEGAL MECHANISMS UNDER THE PAYMENT OF GRATUITY ACT, 1972

Bineesh P Chacko, M.Tech, MBA, LLM, Research Scholar, School of Indian legal Thought, M.G University Kottayam (India)

The Payment of Gratuity Act 1972 was legislated to safeguard the welfare and social security of employees across India. Its primary objective is to ensure the timely payment of gratuity to workers employed in various sectors such as factories, mines, oilfields, plantations, ports, Railway companies, shops, and other establishments. This Act establishes a framework for the obligatory provision of gratuity as a form of social security to employees upon retirement, reaching superannuation, experiencing physical incapacity, or enduring impairment of body parts. Gratuity serves as a financial reward bestowed upon an employee for their service and loyalty to their employer, akin to a retirement benefit plan. Unfortunately, instances of forfeiture, denial, and delay of gratuity are prevalent within industrial organizations. These occurrences often stem from grievances held by employers against employees, financial constraints faced by employers, lack of awareness, and reluctance to engage in legal proceedings due to financial limitations. Consequently, a considerable number of cases remain pending before the Controlling Authority, a quasi-judicial body tasked with resolving disputes and enforcing the provisions outlined in the Gratuity Act. There is a need for a Citizen Charter to ensure the time-bound delivery of gratuity orders by the Controlling Authority.

📄 Type 🔍 Information
Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 1708–1755.
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