Gratuity = (15 * Last Drawn Basic Salary + DA * Years of Service) / 26. The statutory ceiling for tax-exempt gratuity is currently 20 lakh rupees.
Retirement and Employee Benefits
Advising on Provident Fund (EPF), Gratuity, ESIC, Pension, and post-retirement benefits.
Labour Law
Advising on Provident Fund (EPF), Gratuity, ESIC, Pension, and post-retirement benefits.
Employee retirement benefits—governed by the Employees' Provident Funds (EPF) Act 1952, Payment of Gratuity Act 1972, and ESI Act 1948—carry strict statutory contribution, interest, and forfeiture rules.
Bail & Trial assists corporate employers in benefit scheme compliance and EPF Tribunal litigation, while helping retired workers recover unpaid gratuity, pension, and provident fund accumulations.
EPF, Gratuity & Employee Benefit Law
Handling EPF 7A damages, Gratuity claims, and benefit recovery.
- EPF Section 7A Proceedings
- Payment of Gratuity Recovery
- ESIC Contribution Audits
Our Expertise
Our Expertise in Employee Benefits
Representation before EPF Appellate Tribunal, Controlling Authority, and High Courts.
EPF & ESIC Litigation
Defending employers against high PF damages and recovery notices.
- Section 7A inquiry defense before APFC
- Section 14B damages & 7Q interest reduction
- Appeals before EPF Appellate Tribunal (CGIT)
Gratuity Claim Recovery & Defense
Litigating gratuity entitlement and illegal forfeiture.
- Controlling Authority Payment of Gratuity claims
- Defending illegal gratuity forfeiture orders
- Gratuity Appellate Authority appeals
Dispute Resolution
Handling Benefit Disputes
Statutory remedies under social security legislation.
Option 01
Gratuity Controlling Authority Application
Filing Form N before Gratuity Authority for unpaid gratuity.
Option 02
EPF Section 7I Tribunal Appeal
Appealing APFC Section 7A orders before CGIT Appellate Tribunal.
Option 03
High Court Writ Against Bank Attachment
Writ petitions against arbitrary EPF bank account attachment.
What We Do
Services for Employers & Retirees
Full spectrum of statutory social security legal support.
Gratuity Calculation & Forfeiture
Legal advice on 15-day salary per year gratuity calculation and Sec 4(6) forfeiture rules.
EPF Trust Structuring
Setting up exempted private EPF trusts for large corporate employers.
National Pension System (NPS)
Structuring corporate NPS tax-saving benefit plans.
ESIC Coverage Audits
Handling ESI medical benefit and contribution coverage inquiries.
Common Matters
Key Benefit Rules
Core legal principles under statutory benefit acts.
5-Year Continuous Service Gratuity Rule
Gratuity is payable after 5 years continuous service (except in case of death/disablement).
Gratuity Forfeiture Conditions
Gratuity can be forfeited ONLY for riotous behavior, violence, or moral turpitude causing financial loss.
EPF 7A Limitation & Natural Justice
7A inquiries must adhere to principles of natural justice and proper audit.
Our Process
Our Benefit Recovery Workflow
How we handle PF and gratuity disputes.
1
Employment Incident & Contract Audit
Reviewing employment agreements, HR policies, termination letters, and incident chronologies for Retirement and Employee Benefits.
2
Statutory Labour Rights Assessment
Evaluating violations under the Industrial Disputes Act, Shops & Establishments Act, and Labour Codes.
3
Formal Legal Notice & Pre-Litigation
Issuing stern statutory demand notices to enforce dues, reinstatement, or policy compliance.
4
Conciliation & Labour Authority Filings
Filing formal petitions before the Labour Officer / Conciliation Officer to initiate mediation.
5
Labour Court / Tribunal Trial
Vigorous presentation of documentary evidence, wage slips, and witness cross-examination.
6
Award Execution & Full Settlement
Securing final court awards, back-wage payouts, gratuity disbursement, and enforcement decrees.
Why Choose Us
Why Choose Us for Retirement Benefits
Deep mastery of EPF Appellate Tribunal litigation and Gratuity laws.
EPF Tribunal Presence
Extensive experience arguing EPF 7A and 14B appeals before CGIT.
Gratuity Forfeiture Defense
Proven success setting aside arbitrary gratuity forfeiture orders.
Have Questions?
FAQ about Retirement and Employee Benefits
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How is Gratuity calculated under the Payment of Gratuity Act?
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Can an employer forfeit an employee's gratuity upon dismissal?Gratuity can ONLY be forfeited under Section 4(6) if the employee was terminated for riotous/disorderly conduct, violence, or an offense involving moral turpitude causing financial loss, after due notice.
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What is an EPF Section 7A inquiry?Section 7A of the EPF Act empowers Assistant PF Commissioners to conduct quasi-judicial inquiries to determine unpaid PF dues and employer liability.
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What is the statutory notice period required for employee termination?Under state Shops & Commercial Establishments Acts and employment contracts, employers or employees must provide 30 days written notice or pay equivalent salary in lieu.
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How can employees resolve unpaid wage or full & final settlement disputes?Employees can issue a legal demand notice and file summary recovery applications before the Payment of Wages Authority or Labour Court under Section 33C(2) ID Act.
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Book a Consultation
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Book an Appointment
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