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Jayesh   03 May 2018

Gratuity - different weekly working days in organisation

Date of joining Organization: 19th December 2013

Last working day: 17th July 2018

About working days in week:

In my current organization there are different weekly off groups. Groups are like following

  1. Group A: 5 working days a week
  2. Group B: 5.5 working days a week
  3. Group C: 6 working days a week

In my whole tenure with this organization have worked in ‘5 working days a week’ group.

However, organization has declined for gratuity saying that organization has 6 days working policy so I fall into section 2A (2)(a)(ii) of gratuity act so I am not eligible.

My argument is I fall into 2A(2)(a)(i) of gratuity act as I have been assigned to group A.

Following organisation policy/documents support my 5 days working argument,

  1. Leave Policy
  2. Daily Timesheet shows Saturday/Sunday as weekly off

Kindly advise.

 



Learning

 8 Replies

Kumar Doab (FIN)     03 May 2018

Has the establishmenrt declined in writing!

The employee has to have clear 4Y190D service..for relief as posted by you..

 

Jayesh   04 May 2018

Dear Kumar Sir,

Thank you for quick response.

My organisation has responded in writing but over email, not on organisation letter head. I will get it written on letter head asap.

Can you please help me to understand how to strengthen my case for gratuity claim? 

Where will I get form 1 for gratuity claim?

 

 

Kumar Doab (FIN)     04 May 2018

You will also find that there are IT’s entities and alikes on IT’s tail, that have attempted to distract sharing of information, citations, relevant act/enactments, judgments and have littered IT’s Trademark nuisance, sarcasm ,abuse and TAMASHA and failed miserably and became  sole TAMASHBEEN  ( own favorite words of IT’s entities) for a simple reason that such IT’s and entities do not want sharing of information for e.g; community of employee’s and want at allure and fleece unsuspecting querists………..and loiter at online portals to find BAKRA (SHIKAR……..clients) ………………….nothing else!

 

Make such entities popular and blacklisted permanently amongst communities and companies unions..

 

Get in touch with seasoned LOCAL employee’s/trade union leaders……………………!

 

And approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person and even seasoned employee’s/trade union leaders and proceed in best of your interest.. 

 

Check at LOCAL Labor Court/CGIT, Controlling Authority of Gratuity, School-Educational Tribunal, CAT, Civil Courts, HC,SC……..

Kumar Doab (FIN)     04 May 2018

At links being provided to you you will find references and details of successful employees that resolved the matter in thie rfavior without litigation by the information they collected and by simple skills....

That is the best and quickest recourse..

Jayesh   06 May 2018

Thank you sir for your guidance. I will make maximum use of information you have provided and will update you with results.

Jayesh   04 June 2018

Dear Kumar Sir,

Link for gratuity claim form 1 template.  https://file:///C:/Users/jks910291/Desktop/Gratuity%20Claim%20Form%20I.pdf

Claim form mentions "I beg to apply for payment of gratuity to which I am entitled under subsection(1) of Section 4 of Payment of Gratuity Act, 1972 on account of my superannuation/ retirement/ resignation after completion of not less than five years of continuous service".

I will be completing 4 years and 210 days till my last working day in organisation. I am working in organisation which works for less than 6 days a week. So I am eligible for gratuity post 4 years and 190 days.

Can I change the FORM I template and mention after completion of 4 years and 210 days while applying for payment of gratuity?

 

 

 

Kumar Doab (FIN)     04 June 2018

You are aware of SecA and sub sections and these expalin 5y of service also.

You may also go thru; sec4,7

After the communications with establishment Discuss in person with  elders of your family, well wishers, mediators, seasoned PIP known to you and  get proper legal opinion from a very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/service and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt , before proceeding further ...

You can also discuss with seasoned employee's/trade union .

Check at  O/o Controlling Authority fo Gratuity, Labor courts/CGIT 

 


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