Under the Payment of Gratuity Act, 1972, various authorities are designated to oversee the implementation of the Act and to ensure the payment of gratuity to eligible employees. Here are the key authorities under the Act and their powers and functions:
- Controlling Authority:
- The appropriate government appoints one or more Controlling Authorities for each area to administer and enforce the provisions of the Act.
- The Controlling Authority has the power to receive complaints regarding non-payment or wrongful withholding of gratuity and to inquire into such complaints.
- It has the authority to summon witnesses, examine them on oath, and compel the production of documents relevant to the inquiry.
- The Controlling Authority can determine the amount of gratuity payable to an employee and issue directions for its payment.
- It has the power to levy damages on employers who fail to comply with the provisions of the Act, including the payment of gratuity.
- Appellate Authority:
- The appropriate government appoints one or more Appellate Authorities to hear appeals against the orders of the Controlling Authority.
- The Appellate Authority has the power to hear appeals filed by aggrieved parties, including employers and employees, against the orders of the Controlling Authority.
- It has the authority to examine the evidence presented by both parties, review the decision of the Controlling Authority, and pass appropriate orders on the appeal.
- Labour Court or Industrial Tribunal:
- In case of disputes related to gratuity that cannot be resolved through the Controlling Authority or Appellate Authority, the matter may be referred to a Labour Court or Industrial Tribunal for adjudication.
- The Labour Court or Industrial Tribunal has the power to hear and decide disputes arising under the Act, including disputes regarding the eligibility for gratuity, the calculation of gratuity, and other related matters.
- Its decision is binding on the parties involved and can be enforced as per the provisions of the Act.
- Inspectors:
- The appropriate government appoints Inspectors under the Act to inspect establishments covered under the Act and ensure compliance with its provisions.
- Inspectors have the power to enter any premises where work is carried out, examine records, and inquire into any matter relevant to the administration and enforcement of the Act.
- They can issue notices, summon witnesses, and take other necessary actions to enforce compliance with the Act.
These authorities play a crucial role in enforcing the Payment of Gratuity Act, 1972, and ensuring the timely payment of gratuity to eligible employees. They have the power to adjudicate disputes, issue directions, and take necessary actions to enforce compliance with the provisions of the Act, thereby safeguarding the rights of employees to receive gratuity for their long and meritorious service.