sanjayaroutray (Business Development Manager) 20 August 2010

Gratuity

Dear All Greetins !!!!

I have one question regarding Gratuity, like I hav ecompleted more than five years in a company, then I resigned from the job & joined a new company nearby. After 2 months my prevoous company call me to rejoin with a increase salary. My question is like I have applied for the Gratuity but they are refusing to make the payment for the said. As I have discontinued for the job for 2 months I have received all my PF amount. Now I continuing with the same company can not go for a law assistance. Please help if there is any way to have my gratuity.

Regards

Sanjay

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2 Replies

V. VASUDEVAN (LEGAL COUNSEL) 20 August 2010

You must manage to get continuity of service (excluding the two months period when you were out of job). Since the ceiling of gratuity stand enhanced, continuity of service (for the purpose gratuity compulation) would be mutually beneficial option for both employer and the employee.

vasudevan

Dhiraj Sharma (Manager-Human Resources) 21 August 2010

The remedy is available within the Payment of Gratuity Act. You can file your complaint with Appellate Authority designated under the said act by the state govt. Simply you may file complaint with Labour Commissioner of the state in the territory of which your organization (factory/establishment) is located. You will definitely get your gratuity.

This legal remedy available with you. However, it is also true that when Labour Department will send "Recovery Notice" to your organization, it may create interpersonal problems for you.

Hence it is advisable to write to your HR department first before directly filing complaint within act.

Regards,

Dhiraj Sharma