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Kiran   09 May 2017

6 year service but 3rd year working days are less than 200

Dear Sir,

 

Our Organisation has shut down due completion of 10 years contract so company has taken descision to terminate the all the employee. There are people who worked 10 years but still not qualify for Grauity HR Manager is replying that you are not qualified due to working days are not more than 240 in 5 consecutive years. e.g 

2007 - 201

2008 - 300 

2009 - 307

2010 - 320

2011 - 181

2012 - 289

2013 - 305

2014 -  292

2015 - 193

2016 - 321

till FEB 2017 - 46

this is his presenty chart HR manager denied Grauity?

I would like to know whether this man is eligible or NOT? with justification

cause its matter of 137 people and please guide me to give justice.. 



Learning

 10 Replies

Ritesh Maity (Labour Law Advocate)     10 May 2017

Just claim the gratuity in writing. Send FORM I to the managment under registered/ speed post. Let the management deny the payment in writing. Thereafter, you may approach the Controlling authority to claim gratuity under the law.

1 Like

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     10 May 2017

APPLICATION IN FORM- N IS TO BE SUBMITTED TO CONTROLLING AUTHORITY (A.L.C) WITHIN 90 DAYS FROM THE DATE OF REFUSAL BY THE EMPLOYER (See Form N)
ON RECEIVING THE  APPLICATION A NOTICE IN FORM SHALL BE ISSUED TO BOTH THE PARTIES TO APPEAR BEFORE THE CONTROLLING AUTHORITY ON A SPECIFIED DATE AND  TIME FOR HEARING THE CASE.
 
ANY PERSON ACTING ON BEHALF OF EITHER EMPLOYER OR APPLICANT TO THE CONTROLLING AUTHORITY SEEKING PERMISSION SO TO ACT.
A DIRECTION TO THE EMPLOYER FOR PAYMENT OF GRATUITY SHALL BE IN FORM R (SEE FORM R)

Kiran   10 May 2017

Originally posted by : Ritesh Maity
Just claim the gratuity in writing. Send FORM I to the managment under registered/ speed post. Let the management deny the payment in writing. Thereafter, you may approach the Controlling authority to claim gratuity under the law.

 

sir, I would like to thank you for guide line one Last Question still in the mind is as follows.

1) Does 240 Days presenty for 5 consecutive year are compulsory to qualify Gratuity?

2)  Minimum 5 years of Service will do despite of short fall for 240 days presenty in some of the years?

kindly guide me

Kiran   10 May 2017

sir, I would like to thank you for guide line one Last Question still in the mind is as follows.

1) Does 240 Days presenty for 5 consecutive year are compulsory to qualify Gratuity?

2)  Minimum 5 years of Service will do despite of short fall for 240 days presenty in some of the years?

kindly guide me
 

Anurag Sharma (Job)     11 May 2017

you are entitled to gratuity for those years in which 240 days are complete. You have worked with the employer for more than 10 years and completed 240 days in 7 years. Thus, gratuity is payable to you for these seven years. Submit your application in Form N to the Controlling Authority of your jurisdiction for directions u/ the Payment of Gratuity Act, 1972. Let the employer contest the case before the authority.

 

Anurag Sharma (Job)     11 May 2017

you are entitled to gratuity for those years in which 240 days are complete. You have worked with the employer for more than 10 years and completed 240 days in 7 years. Thus, gratuity is payable to you for these seven years. Submit your application in Form N to the Controlling Authority of your jurisdiction for directions u/ the Payment of Gratuity Act, 1972. Let the employer contest the case before the authority.

 

Kumar Doab (FIN)     11 May 2017

The establishment used to work for 6 days/week or less than 6days/week in these years?

Have you submitted FormI under proper acknowledgment?

Has the establishment supplied Notice of Determiantion of Gratuity?

Why employees are not able to work for 240 days/year, in some years?

Kumar Doab (FIN)     11 May 2017

Or all that you have posted is verbal.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     13 May 2017

As suggested complete the forms and do the needful. Actually, Sectin 2 A (1)of the Act talks about continuous service and in this section it does not demand 240 days in every calendar year. If the employer has not terminated the services during that period, irrespective of how many days he worked, if he has completed 5 years, he will be entitled to the gratutity. Only if he does not have continues service, then Section 2(A)(2) comes into play, where 240 days is mandatory to treat it as "deemed continuous service". So, as suggested by other friends, file the requisite forms and get gratuity as per law. Your employer is misleading you by saying that you are not entitled to gratuity by misinterpreting the law.

Kumar Doab (FIN)     13 May 2017

Start counting from DOJ and count upto LWD.

You are  apparently being tricked.

Assuming that you joined on 13 May 2016 so your DOJ is: 13/05/2016.

 

Count 1st year from DOJ and then NO. of days worked.

 

So on.

Also post:Why employees are not able to work for 240 days/year, in some years?

What kind of establishment it is?

Does it not work every day, every month, whole year?

 

 


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