Grauity-eligiblity

You are not sitting idle and should be eligible to get interest @10%pa for the delayed period…

There are many unions in Karnataka….that can support and help

GO thru list at website of Dept. of labor Karnataka and also search yourself and ask around…

e.g;

https://labour.kar.nic.in/labour/trade-unions-list.htm

https://economictimes.indiatimes.com/tech/ites/it-employees-get-nod-to-set-up-trade-union-in-karnataka/articleshow/61568071.cms

https://www.indiacom.com/yellow-pages/trade-and-labour-unions/bangalore/

Check at O/o Controlling Authority of Gratuity at your location and seek support and help from Authorized representatives appearing there….

GO thru;

THE PAYMENT OF GRATUITY ACT, 1972: 3,7, 7A,7B,8

The Labor Inspector may also be the Inspector appointed under the Act….

You can ask the Inspector…

The Inspector might have asked you to submit the prescribed form e.g; FormI…

You may also go thru;

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972

https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf

Dear KumaDoab sir

Yesterday i went to Labour office,once again no one from my last Company attended the hearing(Its 3rd time they are skipping the hearing).A lady officer (senior to labour officer) sitting in the Chamber,I explained her all things and told her that this is the 3rd hearing no one is attending.She told me that she will prepare some papers and give it to me and i have to get it attasted my a notary then in next hearing she will pass the ''ORDER".Can u explain me what ORDER she will pass.And how it will help me.

Regards

Mainuddin.N.K.

9036127507.

The Labor Officer is Inspector appointed under Payment of Garuity Act 

or Controlling Authority for Payment of  Gratuity?

It is being asked again and again that you may take LOCAL help and know where are you representing and what is being heard by Labor Officer and what is being decided?

903612750

Can u plz give me ur mobile number or call me on 9036127507.

regards

Mainuddin.N.K.

Kumar sir plz give me ur number or call me on-9036127507.

1st and simple thing that you need to confirm is 'Where are you representing'?

Controlling Authority of Gratuity or somewhere else?

Take LOCAL help! 

Dear Sir,

I am working in a private ltd firm, iam plan to resign from this job.My service with this company is 4yrs 8 months(29/08/2013 onwards) , here i have 90 days of notice period for releaving. request your help to know whether iam eligible  for gratuity. I also want to know that whether gratuity period will include in 90 days notice period?
 

Regards,

ANEESH

Dear LCI Querist @ ANEESH T V

Always initiate a new thread.

What is this establishment; Private, Govt..?

How many persons were/are employed in it?

What is nature of duties? Are you a teacher or not?

Do you have copy of Gratuity Rules applicable to establishment?

These might be available on shared portal/HR portal or narrated in appointment letter or obtain from Admin/HR of establishment or take help of employee’s/trade union leaders.

How many persons are employed in it?

Probation period, Notice period, off days/holidays/approved leave is counted.

You may go thru the following Article under my profile;

“Off days, holidays are counted in service period for the Payment of Gratuity ! “

Assuming that Payment of Gratuity Act is applicable to such establishment in which you are working GO thru:

Payment of Gratuity Act, 1972;1,2A

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

f   and check if your establishment is covered and you are eligible..

You may also go thru simple to understand:

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972

 https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

   and simple to understand Rules by your state e.g;

The Payment of Gratuity (Maharashtra) Rules, 1972

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

   If you are a teacher and Act applies to establishment , you should be eligible;

GO thru details at; Discussion > Labour & Service Law > Gratuity > Is the private school teachers applicable for gratuity ? https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp

GO thru many of the highly illustrated threads e.g;

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

https://www.lawyersclubindia.com/forum/Company-forcing-to-sign-a-bond-after-resignation-176236.asp

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp’

https://www.lawyersclubindia.com/forum/gratuity-not-paid-177657.asp

https://www.lawyersclubindia.com/forum/details.asp?mod_id=28768&offset=1

    https://www.lawyersclubindia.com/experts/Gratuity-679811.asp

  https://www.lawyersclubindia.com/forum/gratuity-not-paid-177657.asp

 https://www.lawyersclubindia.com/forum/Gratuity-different-weekly-working-days-in-organisation-177741.asp

 https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp

 https://www.lawyersclubindia.com/forum/gratuity-not-paid-177657.asp

   and mentioned links therein and you will find FormI and relevant information! You shall find the link to threads in which employees resolved matters with their own skills..

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

https://www.lawyersclubindia.com/forum/Company-forcing-to-sign-a-bond-after-resignation-176236.asp

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp’

https://www.lawyersclubindia.com/experts/Gratuity-678881.asp

If Act applies and condition in Sec;1 is satisfied you should be eligible..

Perspectives; Employer can pay Gratuity on LWD with FnF.. Employee can submit letter to pay Gratuity 30days before LWD.. Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………  

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied… If employer does not pay within 30days from LWD IT has to tender interest @10%pa…

Rest post Gratuity Rules..

If nothing works then you may have to approach Controlling Authority of Gratuity (and may not the court) and submit FormI (legal  notice may not be required)........... 

Preferably resolve with your own skills...

 

Sir,

Iam working in a private banking company as sales officer.

You have not confirmed on applicable Gratuity Rules of establishment ..to your designation!

The banking must have narrated in writing the applicable Gratuity Rules in documents provided to you e.g; appointment letter, service rules, Gratuity Rules, requisite forms etc and might have also placed the rules on shared portal thru employee log in…

e.g;

M/s Karnataka Bank

https://labour.kar.nic.in/labour/payment-gratuity-rules.pdf

The provisions as per Act have been explained already..

Now you can relate with Gratuity Rules of establishment.

Private Banks like M/s Karnataka Bank , Catholic Syrian bank, Karoor Vyasa Bank have their Bank employee’s unions ( and your company may also have it) and can guide the employees in banking companies..

e.g;

https://www.kboo.in/circulars/

COMPENDIUM OF BENEFITS AVAILABLE TO KVB EMPLOYEES (Updated To 15/06/2017)

Page;64-67

https://www.kvbeu.co.in/pdf_files/TERMINALBENEFITS.pdf

Dear sir

My Grauity case(4 years 9months) is now before Controlling Authority and Asst.labour commisioner(Central-Govt).My case passed all stages of Re-joinder,evidence(Court-Affividate) and written argument,no one from my company is attending the hearing.Only a Accountatnt who is not authorised for anything attend the hearing and submit a letter for asking the time.On last Date Commisioner warned the company Rep. that no one from company do not attend the date and give reply to my written argument he will pass the Order.In written Argument i have submitted all the related documents(Madras HC Verdict,Grauity Act 1972).Now plz anybody Guide me what order the commisioner will Pass.

with regards

Mainuddin.N.K.

9036127507