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Manoj   05 July 2016

Gratuity eligibility 4 years and 190 days

Dear All

I have completed 4 years and 227 days in a "five day week"" organization. I applied for gratuity vide email and the organization declined to pay gratuity (by email )on the premise that I have not completed five years. Grateful if experts in this esteemed club could address the following queries:

1. Am I eligible for Gratuity ( especially with reference to sec 2A-continous service)

2. Will the email correspondence be a substitute for the recommended Form I, and Form M respectively or would I need to apply for gratuity again. What process should I follow.

3. In case the advise is to apply via Form I what date should I put. If I put the current date, would it not surmount to late application for gratuity and further delay the process

3. Please advise on next steps.

Sincere thanks

Manoj

 

 

 



Learning

 2 Replies

Suri.Sravan Kumar (senior)     05 July 2016

this type of qry is already answered in these column. pl search

Kumar Doab (FIN)     05 July 2016

Fully agred with Mr. Sravan Kumar Suri.

You may search at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

 

You may submit FormI to good offices of appointing authority,MD, under proper ackowledgment and mention that;The notice of determination of gratuity and payment has not been supplied to you.

You should also be eligible for  interest @ 10%pa after 30days from LWD,for delayed period.

Many querist have posted that they have succeeded with their own skills.

Or you may involve employee's/trade union leaders

OR lean on your able Labor Law Consultant/Service matters lawyer.

 

 


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