Rule 33 — Application for gratuity and appeal etc.

33(4)

(a) If an employer–

33(4)(i) refuses to accept a nomination under rule 32 or to entertain an application sought to be filed under sub-rule (1); or (ii) issues a notice under clause (a) of sub-rule (2) 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 (iii) having received an application under sub-rule (1) fails to issue notice as required under subrule (2) within the time specified therein, the claimant employee, nominee or legal heir, as the case may be, may, within one hundred eighty days of the occurrence of the cause for the application, apply in Form-VI to the competent authority for issuing a direction under sub-section (5) of section 56 with copy to the opposite party: Provided that the competent authority may accept any application under this sub-rule, on sufficient cause being shown by the applicant, after the expiry of the specified period.

33(4)(b) Application under clause (a) and other documents relevant to such an application shall be presented in person to the competent authority or shall be sent by speed post (with registration) or electronically.