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Farooq   17 July 2018

Gratuity eligibility

Hi All,

I was working on PVT Org that was working on 5 days/week basis. I had joined on 2nd Jul 2007 and resigned on 15th Feb 2012.

That makes it 4 Yr 7 months 13 days (4 Yrs 229 days). 

I understand that it late but wanted to know as that time I din't go through policy and thought its always 4 yr 240 days.

With Regards,

Farooq 



Learning

 13 Replies

Kumar Doab (FIN)     17 July 2018

An employee should always consult elders of the family, competent and experienced well wishers,seasoned employee's/trade union leaders, a very able 

senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service   matters  and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the family tree..

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

 

Kumar Doab (FIN)     17 July 2018

Payment of Gratuity Act, 1972;1,2,2A,4,6,7,9

HOw many person were employed in establishment?

 

Farooq   17 July 2018

Around 4000 employees.

Farooq   17 July 2018

Around 4000 employees.

Kumar Doab (FIN)     17 July 2018

Originally posted by : Farooq
Hi All,

I was working on PVT Org that was working on 5 days/week basis. I had joined on 2nd Jul 2007 and resigned on 15th Feb 2012.

That makes it 4 Yr 7 months 13 days (4 Yrs 229 days). 

I understand that it late but wanted to know as that time I din't go through policy and thought its always 4 yr 240 days.

With Regards,

Farooq 

Have you asked in writing?

Has establishment  declined in writing?

 

Kumar Doab (FIN)     17 July 2018

Originally posted by : Farooq
Around 4000 employees.

Go thru  Sec;1

The establishment is covered by the Act.

Farooq   18 July 2018

Yes, I they had rejected by stating that eligibility is 4 years 240 days. It's IT company where working days was from Monday to Friday.

Farooq   18 July 2018

I have it in email

Farooq   18 July 2018

My two ex colleagues claim was also rejected with same reason, where they had served 4 years 335 days. They also have E-mail regarding the same

Farooq   18 July 2018

Sorry it's 235 day's

Farooq   19 July 2018

Hi Any suggestions please?

Farooq   11 August 2018

I need advice here if I can pursue this further or not.

Kumar Doab (FIN)     04 September 2018

If you don’t pursue you won’t get any response or result.

You may pursue further after consulting elders of your family, competent and experienced well wishers, seasoned employee’s/trade union leaders, seasoned ‘ Authorized Representatives’, a very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..with whom you may share inputs /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 Controlling Authority of Gratuity ( ALC/ALCC/DLC…), School-Educational tribunal,CAT, civil courts, HC, SC……
 


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