Gratuity eligiblity

GO thru;

State enactments, notifications , enactments that apply to the establishment e.g;

THE TAMILNADU SHOPS AND ESTABLISHMENTS ACT, 1947;2

https://www.indiafilings.com/learn/wp-content/uploads/2014/03/Tamilnadu-Shops-and-Estabilishment-Act-1947.pdf

to understand if the establishment is covered..

and

Payment of Gratuity Act, 1972;1

https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf

if the establishment and employee is covered..

Citations point that such companies are covered..

Madras High Court

Commissioner Of Income Tax vs Sudarsan Chit (India) Ltd

https://indiankanoon.org/doc/1154260/

Madras High Court

Triplicane Permanent Fund Ltd. vs Commissioner Of Income-Tax And ...

https://indiankanoon.org/doc/1032197/

Wage ceiling does not apply for payment of Gratuity..

While in case of PF you may not be eligible due to wage ceiling and/or Act does not apply due to say… no of employees ( Likewise for Gratuity)..or establishment is exempted…or establishment has defaulted etc etc

Still go thru;

Madras High Court

The Regional Provident Fund ... vs Sree Visalam Chit Funds Ltd

https://indiankanoon.org/doc/190218/

LOCAL Seasoned employee’s/trade union leaders

Very able LOCAL senior counsel of unshakable repute and integrity specializing in Labor/Service matters and well versed with latest citations, LOCAL applicable rules/laws and having successful track record…. and worth his/her salt

LOCAL Officials in Dept. of Labor

LOCAL Inspector appointed under PF, Gratuity Act

Can guide you further..

Also; Did you write under proper acknowledgment to establishment that Notice of determination of Gratuity, payment, requisite forms if any, has not been supplied to you till date ..

If yes, what is the reply of the company is writing?

 Is there anything on record that can lead to forfeiture of Gratuity?