Regarding gratuity eligibility ---

Visit nearest labour commissioner office, so that the officials will help you by issue G.O. copies 

You do not necessarily require to prove to your emloyer through laws/ judgements that you are entitled to gratuity. 

Simply send them FORM I to the managment under proper acknowledgment. Let them refuse/ give their reasoning in writing.

No need to take so much trouble at this moment. 

Thanks for your information.

Hi Ritesh,

Thanks for your response. In your response,you are referring to a FORM, could you please share the FORM which you are pointing.

This company don't follow proper process,just simple in verbal they are saying like i need to complete 5 years to get my gratuity. But i had shared sample forum update on Payment of Gratuity Act, 1972)

So i'm looking for proper proof which say eligibility criteria for gratuity.(Circullar/Note release)

Regards,

Sanjeev

Check Payment of Gratuity Act or Rules and you will find the FORM I there. You may also use google to get the forum. You may also buy the form from shops near labour court/ labour commissioner office. 

Check this website: https://www.advocatekhoj.com/library/legalforms/rules/index.php?Pno=paymentofgratuity.php

Since you are admitting that your company does not follow proper process, then why are you ready to spend so much time in convincing them. Let them reject your claim in writing with proper reason. Let them find evidence that you are not eligible for gratuity. 

Still if you are looking for judgements/ case laws etc. you may use google further or contact a lawyer in person. 

Originally posted by : Sanjeev
	Dear Sir,      I have gone thoruh your site topics regarding gratuity amount and i came to know that if employee completes 4 Years and 240 days,then he/she will eligible for gratuity.  I have joined in company July -2012 and my last date in this company is 15th-May-2017.So i had worked around 4 Years 9 months. Just i want to confirm with you as per newly updated rules, Please let me know whether i'm eligible gratuity for or not? I had shared your gratuity topics on this with my company(from site lawyersclubindia.com).But stil this company auditor is saying only if i complets 5 Years then i can get gratuity. Sir,could you please share exactly any circullar/note which is relavant to eligibilty topic.(Published under Payment of Gratuity Act, 1972). So that i can share that one as proof to my company.  Many thanks in advance. Warm regards, Sanjeev Kumar

What are these newly updated rules!

GO thru:

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

You can download FormI also.

Employee can submit FormI 30days before LWD.

In your case since you are getting flat verbal declintaure; first of all focus on to get:  

acknowledged copy of notice of resignation dated…………………….tendered by you with notice period of ………days and LWD of dated…………..its acceptance, salary slips of all  months, correct FnF statement (showing earned wages, leave encashment/bonus etc ), payment of FnF dues as per correct FnF statement,  Form16 of all years and current year as per correct FnF statement, PF a/c slips ( as per applicable to establishment and you) , ESIC card ( as per applicable to establishment and you), I.Card, {NOC/NDC/ acknowledgment of handover of charge-assets (if any with you)}, service certificate, relieving letter with good comments on conduct and performance…………………….

Are you a member of employee’s /trade unions?

After clean exit you may submit written communication under proper acknowledgment and mention that the 'Notice of Determination of Gratuity', payment of Gratuity has not been supplied to you despite your reprsentations in office/in person etc on dated......................to Mr/Ms..............and may be supplied to you and FormI is attached.

You shall get proper and full information in threads sugested above.

If employer has not paid Gratuity within 30days from LWD (even if employee has not submitted FormI) employer has to tender interest @10%pa for the delayed period.

If you are confident that you can handle clean exit and relieving and Gratuity matter also then you may go ahead.

Better is to handle under careful support and guidance of elders of the family, emplloyee's/ union leaders, counsel specializing in Labor /service matters.

There are many threads on Gratuity and querist/employees have succeeded in getting the payment+interest. 

There are many threads on Gratuity at :

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.VKAD8oBYA

e.g.:    

https://www.lawyersclubindia.com/forum/details.asp?mod_id=111887&offset=1

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