Please submit FormI to employer under proper acknolwedgment.

Dear Expert,

Plz suggest that:

One of my client has brief me that his employer is not accepting Form I and thjen he send it by registered post, will this suffice. and further what action he can take.

Regards

Employee may submit a follow up letter under proper acknowledgment addressed to the good offices of  Appointing Authority, MD, Company Secretary narrating the representations made{ mention dates, name/designation/dept/address of company personnel to whom representations were made for payment of gratuity} and that on dated ……….Mr/Ms…….. name/designation/dept/address, declined to accept the FormI in original although it was seen and checked by them,and hence the duly completed in all respects  FormI in original has been supplied by redg. post vide receipt number……….dated……and good offices may intervene to ensure the payment of gratuity and issue instructions to all concerned with a copy to claimant {mention details, employee number, full address etc} and not to decline to accept the representations of the employee. Employee may request good offices to supply the payment of gratuity so as to reach him in say……7 days and copies of instructions to all concerned by redg. post only and may mention that a postage prepaid { as purchased from PO} self addressed envelope is enclosed for sending the redg. post.

Employee may submit the copy of FormI and copy of representations to Controlling Authority of Gratuity under proper acknowledgment.

i was working with the limited company and my services were terminated by the management on 30-04-2003 and i challenged the termination order. finally the court case has been decided against me on 01-11-2012. the company has settled my all dues including gratuity. sir, please let me know whether i am entitled for interest on gratuity for 9 years and 7 months.

thanks and regards

davinder aggarwal

Hi Expert,

My previous employment was for the period from 16th Feb, 2004 to 14th Oct, 2008, without any break in service. The company works 5 and half days a week..

Since I was under the impression that gratuity is payable only after 60 months of service, I didnt ask for it from my previous employer.

Am I eligible for gratuity.. Please clarify.

Thanks and Regards,

Vijayalakshmi.

Employer also does have a responsibility to determine the amount of gratuity and supply a notice to employee.

Company should always communicate by effective modes of communication e.g. redg/speed post.

Has your company been communicating with you by email also at your personal email id, if yes it could have supplied soft copy/communication by email also.

Payment of Gratuity Act, 1972

Section: 7
Determination of the amount of gratuity.

(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount gratuity so determined.

 If need be to condone the delay you may rely upon the landmark judgment of Punjab and Haryana Court (attached).

2004,2008 were a leap years.

It shall be appropriate to approach a competent and experienced labor consultant/service lawyer.

In the given case he is entitled for Gratuity.It is immaterial whether the working day is 5 or 6 days.If he has completed 4 years and 6 months,it could be computed as one full year as per the act and Madras High court judgement in beardcell case.

Hello Sir,

I have joined in HCl on jul 3rd 2008 and will be leaving this company on Mach29 2013.Please let me know I will be elegible for gratuity.

Hello,

I have worked in an organization from 12.02.2008 till 16.01.2013 (4 Years 11 months and 5 days). On enquiring about the gratuity payment, I was told that, I need to complete 5 years to be eligible for gratuity payments. However, on checking on this and various other forums, I came to know that the eligibilty for gratuity payment is 4 years and 240 days. As per that, I am eligible for the Gratuity Payment (Correct me if I am Wrong).

Keeping these postings in consideration, I sent the Form I to my employer via email and also by Speed Post, but didn't got any response from their end.

As a followup, I again sent the reminder via email and Speed Post to the concerned HR Manager, but again didn't received any response from their end - either as an acknowledgement or rejection of my Form I.

On enquiring them via telephone, I was told that they will not process the Form I as 5 years eligibilty is not met and Supreme Court  and Madras High Court Judgements are one of case and cannot be generalised to all cases.

Since I have not accepted the F&F Statement, as it doesn't contained the gratuity amount, the company has not released my releiving letter till date. Incase, I sign the F&F Statement now, and get my relieving letter, can I still claim to the Gratuity amount?

You are therefor now requested to guide me, how to proceed ahead in getting my Gratuity released - If I am eligible.

I stay in Delhi, my workplace was in Haryana(Gurgaon) and head office is in Maharashtra (Mumbai), so if required to approach the competent authority, which will be the appropriate place.

A response to my queries, will help me a lot. Thanks in advance in anticipitation.

Regards

Do not limit yourself to HR.

You may represnt to o/o Appointing Authority, MD, Chairman narrting all representations including telephone call ( mention Phone numbers, name/designation/dept/address of person).

You may go thru:

Payment of Gratuity Act, 1972

Section: 7
Determination of the amount of gratuity.

You may approach and route thru DLC at your location.

Dear Sir,

My joining date in origanization was 2nd June 2008 and last date for leaving organization is 31st March 2013 including 1 month notice period .

So , kindly clarify that i am eligible for gratuity or not.

@ Rameshwar,

--On this page 12 itself of this highly informative thread: Expert Mr. Gabriel has emphasized and given valuable advice. Kindly go thru it.

--You may also go thru

Section: 2A
Continuous service.

For the purposes of this Act, -

(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

Does your company operate on the basis of 6days/week in office where you are located?

If yes you might have completed 240 days in 5^th year. If yes, you have satisfied the conditions and meaning of 5 years of continuous service, as explained in the act.

Date of reference; last day in office/from the date you have been relieved.

The act is clear.

Dear Sir,

Thanks for the reply. If I understand correctly DLC is Deputy Labour Commissioner. If that is so, then who will be the right DLC-  Delhi (My Residence), Gurgaon (My Office) or at Mumbai (Co. HO). Please reply back.

Regards

Dear Sir,

Could you please advise whether i am eligible for gratuity in my current organisation:

DOJ: 01.08.08

Last working day: 31.05.13

Hi Sir,

I'm working in HP Company.I have joined in the company 29th dec 2008.Still i'm continuing in the company.

As per my company ploicy  "who have completed 4.8 years(4 years and 240 days) they are eligible for graduity"

ALready i ahve compled 4.5 years in thsi company.If i'm leaving from this company 29th august 2013(8th month) or september first week(i'l be completing around 250days icluding my notice period). Am i eligible for graduity? or this 8 months will be calculated as 240 days? or they will be excluding weekends(satday/sunday) from these 8 months?

or do i need to surve another 1 or 2 months extra till november?

Please suggest me?

Regards,

Anilkumar Loka