Submit FormI under proper acknowledgement to Appointing Authority/MD.
If the company declines to accept form I:
Employee may submit a follow up letter under proper acknowledgment addressed to the good offices of Appointing Authority, MD, Company Secretary narrating the representations made{ mention dates, name/designation/dept/address of company personnel to whom representations were made for payment of gratuity} and that on dated ……….Mr/Ms…….. name/designation/dept/address, declined to accept the FormI in original although it was seen and checked by them,and hence the duly completed in all respects FormI in original has been supplied by redg. post vide receipt number……….dated……and good offices may intervene to ensure the payment of gratuity and issue instructions to all concerned with a copy to claimant {mention details, employee number, full address etc} and not to decline to accept the representations of the employee. Employee may request good offices to supply the payment of gratuity so as to reach him in say……7 days and copies of instructions to all concerned by redg. post only and may mention that a postage prepaid { as purchased from PO} self addressed envelope is enclosed for sending the redg. post.
Employee may submit the copy of FormI and copy of representations to Controlling Authority of Gratuity under proper acknowledgment.
The SC and HC judgements are enclosed.
Section: 2A
Continuous service.
For the purposes of this Act, -
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
Does your company operate on the basis of 6days/week in office where you are located?
If yes you might have completed 240 days in 5th year.If yes you have satidfied the condition of 5 years, as gievn in the act.
Date of reference; last day in office/from the date you have been relieved.
The act is clear.
