PF / gratuity claim assistance

Provident Fund and gratuity are statutory monetary entitlements whose recovery operates through two distinct regulators with overlapping but separate procedures. Provident Fund — covering Employees' Provident Fund, Employees' Pension Scheme, and Employees' Deposit Linked Insurance — is governed by the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 and the Schemes framed thereunder, with employer contributions and employee contributions credited monthly to the EPFO member account identified by the Universal Account Number (UAN); recovery on cessation of employment is processed through online claims (Form 19 for PF settlement, Form 10C / 10D for EPS, Form 31 for partial withdrawals) at the Member e-Sewa portal, with grievance redressal through the EPFiGMS portal at epfigms.gov.in directed at the jurisdictional Regional Provident Fund Commissioner. Gratuity is governed by the Payment of Gratuity Act, 1972, payable to every employee who has rendered five years of continuous service (relaxed to four years and 240 days in the fifth year on a substantial-compliance reading, and to less than five years in cases of death or permanent disability); the statutory ceiling is ₹20 lakh under the 2018 amendment. Recovery is through Form-I demand to the employer, escalated to a Form-N application before the Controlling Authority constituted under the Act (typically the Assistant Labour Commissioner or Labour Commissioner), with appeal to the Appellate Authority and ultimate writ jurisdiction at the High Court.

The substantive entitlements are mandatory: the employer cannot reduce, withhold, or condition the disbursement on full-and-final settlement disputes, performance issues, or notice-period shortfalls (subject to narrow exceptions for termination on grounds of misconduct involving moral turpitude, where the gratuity may be wholly or partially forfeited under §4(6) of the Gratuity Act, and never EPF). Where the employer has not deposited the EPF contributions despite deduction from salary, the matter additionally constitutes a criminal offence under §14 of the EPF Act and is addressable through a Section 7A enquiry by the EPFO followed by recovery proceedings against the establishment. Where the employer claims the establishment is not covered (typically employer headcount disputes — coverage attaches at twenty employees), an EPFO Section 7A enquiry establishes coverage on facts.

In Uttarakhand, the EPFO jurisdiction runs through the Regional Provident Fund Commissioner Uttarakhand at the Dehradun Regional Office, with sub-regional offices and district-level reach. The EPFiGMS grievance portal at epfigms.gov.in is the standard online channel, with grievance reference numbers tracked through to disposal; physical presence at the regional office is rarely required at the grievance-filing stage but may be required if an enquiry is initiated. The Controlling Authority under the Payment of Gratuity Act is notified for Uttarakhand under the Gratuity Rules and is typically the Assistant Labour Commissioner or the Deputy Labour Commissioner of the relevant zone; the Appellate Authority is the Labour Commissioner Uttarakhand. The Form-N application is filed within ninety days of the gratuity becoming payable (extendable on sufficient cause), with the proceedings conducted as quasi-judicial enquiries with documentary and oral evidence.

The documentation pack carries through both channels with overlap: the appointment letter establishing the date of joining, the salary slips establishing the basic wage on which gratuity is computed (basic + dearness allowance under §4(2) of the Gratuity Act), the date of cessation of employment, the relieving letter or full-and-final statement, the UAN history extracted from the Member e-Sewa portal, the EPF contribution statement showing employer deposits versus deductions, and any prior correspondence with the employer demanding the dues. Where the employer disputes the relieving date or the period of continuous service, the burden of proving the contrary falls on the employer once the workman establishes the prima facie position; under the Gratuity Act the Controlling Authority can summon records and the employer's failure to produce them weighs against the employer. Writ jurisdiction at the Uttarakhand High Court at Nainital lies for both EPFO orders and Gratuity Appellate orders where mala fides, jurisdictional excess, or perversity is alleged.

NyaySetu Law's PF and gratuity claim service triages the EPF and gratuity components separately (different statutes, different forums), drafts the EPFiGMS portal grievance with the correct Form / Scheme reference for the EPF claim type, drafts the Form-I demand to the employer for gratuity, prepares the Form-N application before the Controlling Authority Uttarakhand, prepares the documentation pack (appointment letter, salary slips, UAN extract, correspondence trail), and prepares the writ petition for the Uttarakhand High Court where regulator orders are challenged. You file the EPFiGMS grievance with your UAN credentials, send the Form-I demand from your registered address, and authorise the Controlling Authority and writ filings.