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nehal   30 July 2018

Gratuity

Dear Sir,

I was Join X company on 17.09.2013 and resign 30.06.2018 on account of that can i elegible for Gratuity and what is the process if Company not give me Gratuity ??

Rgs,

Nehal



Learning

 4 Replies

R.Ramachandran (Advocate)     30 July 2018

Fill up the Gratuity Claim in Form-I and submit to the Company, and take acknowledgement.  The Company will give you reply in writing either accepting your claim or rejecting your claim (with reason).  Depending upon the outcome you take appropriate steps.

nehal   31 July 2018

Sir,

Thnx to reply.. One more question is that should i need to Sing Form I Any Labour Commissioner Govt. Authority or only My Sign is ok.

Thnx in Advance Sir

 

Rgs,

Nehal

Kumar Doab (FIN)     01 August 2018

You have worked for app.4Y09M13D.

So you should be eligible if you have rendered continuous service.

How many persons were employed in establishment from beginning?

GO thru;

Payment of Gratuity Act, 1972;1,2A,4,7,9

Kumar Doab (FIN)     01 August 2018

You may write a gentle communication by letter under proper acknowledgment in office /thru Redg. Post to good offices of appointing authority/MD/Head-HR that Notice of Determination of Gratuity, payment of Gratuity, requisite forms if any, have not been supplied to you by Redg. Post till date and be supplied.

Thereafter you can submit FormI signed by you, under proper acknowledgment in office /by Redg. Post.

There are many threads on similar query at LCI with illustrations, citations/judgments.

Even if NO application is submitted by employee, employer is under obligation to calculate and pay gratuity within 30days of LWD or interest @ 10%pa has to be paid for the delayed period.

Take help of elders of your family, seasoned employee’s/trade union leaders, a person having experience of appearing as ‘Authorized Representative’ ,a very able senior LOCAL CA/counsel of unshakable repute and integrity specializing in Labor  matters   and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL Labor court/CGIT, O/o LOCAL Controlling Authority of Gratuity, CAT, School- Educational Tribunal, civil courts, HC……


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