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Arjun (System Analyst)     29 July 2011

Gratuity settlement

Dear Sir,

 

I have been working with an IT company since 5.9 years. I have resigned 15 days back and currently serving the notice period of 2 months. My current basic salary is Rs.32500/-. As I am eligible for Gratuity, I requested our finance department to provide the approximate amount that I am going to receive towards my Gratuity component and as per them it will be Rs.92000/-. But they have shown that 12% of my basic towards Gratuity in my offer letter and subsequent inclement letters. When I calculate the amount according to 12%, it is around Rs.193000/-. The issue is that there is a huge difference (Approximately Rs.100000/-) between the amount shown towards the Gratuity component in my CTC and the actual amount that I am going to receive.

 

The amount shown towards gratuity (From 14Oct2005 to 11Sep2011)     193642

The amount I am going to receive (as per our finance department)          92000

Difference in the amount                                                                                             101642

Can you please advise me to get the complete amount i.e. Rs 193642/-?

 My email id is kadapa.arjun@gmail.com.

Thanks and regards,

Arjun



Learning

 6 Replies

Advocate Rajkumarlaxman (Advocacy)     29 July 2011

        DATE: 09-06-2011

                     MUMBAI

LEGAL NOTICE

 

TO,

          Shri. Dilip Dhadiwal

Managing Director,

Rajdeep Publicity Pvt. Ltd,

4, Liberty Society II

North Main Road, Koregaon Park.

Pune 411 001.

 

Sir,

          Under instructions and information furnished by my client Shri. Sagar Rameshlal Fulfagar, I am addressing this notice to you which may please note.

 

1.       My client was appointed as Marketing Executive on 14.01.2008 in your Pune Office and for the same you issued a appointment letter dated 14-01-2008 vide bearing No.RPPL:P & A;2008:079 with total emoluments under grade E-11 of Rs.10,000/- per month. 

 

2.       My client states that considering at his remarkable performance you decided to increase his pay scale and with the pay scale in the series of 2200-275-3300-375-4800-525-6900-675-9600-850-13000-1050-17200 as on dated 01-10-2008. With this, the scale of my client was raised and went with cluster E-14 as Rs.14000/-. Further in view of the sound performance and Business development of the company within six months on account of my client’s efforts you were impressed and hence under cluster E-16 an increment of Rs.2,000/- was done on 04.04.2009.

    

 

 

 

/2/

                                                            

 

3.       Satisfied and appreciable performance of my client went on with you in such that the company required an Executive at its Mumbai Office as the same was not doing well and hence you transferred my client to Mumbai office for further expansion of the company. You decided to transfer my client to Mumbai office to look after the affairs of the company at Mumbai by a letter dated 27-03-2010 by relieving my client from 31-03-2010 from the Pune Office.

 

4.       Proportionately you issued my client interim office order stating that to compensate the transfer, the management shall pay allowances. The copy attached herewith clearly shows that it was decided, my client would be receiving an amount of Rs.7,000/- per month as additional allowance [interim relief] in addition to the fixed monthly remuneration from 1st April 2010 i.e. from transfer date at Mumbai Office.  

 

5.       In order to peruse better further future prospects and development, my client decided to leave the Company and issued to you notice as per law requesting you to relieve him from the services of the Company. He gave his resignation to you dated 28-12-2010 and the same was accepted by you. After all the clearances from the respective departments and handing over all the belongings of the company my client was relieved from the services from 27-01-2011 after office hours.  

 

6.       But surprisingly you have not paid the entire dues to my client and the pay for the month December 2010 and January 2011 which should also include the interim relief and incentives as my client was relieved from Mumbai Office and as per your letter; copy attached herewith. The amount due also should include the incentives for the financial year 2008-09, 2009-2010,

 

                                                             

 

 

/3/

 

 

Infact suppressing all these, you have sent me a cheque bearing No.147810 of Rs.6,269/- drawn on Axis Bank Dated 26-02-2011 which was sent to me by registered post received by me on 09-04-2011 stating that the amount sent is full and final settlement which is not correct. My client called up several times to the concerned department and enquired about the same but no fruits came up and hence my client has issued this legal notice to pay the amount due from you. 

 

Attached herewith all the relevant copies of the letters issued to my client from time to time appreciating his performance in the long go.

 

In the circumstances, you are hereby called upon to pay my client the deficit amount of Rs.81,000/- due and payable to my client within 15 days from the date of receipt of this legal notice, failing which my client shall approach proper court of law or forum inter-alia for deficiency of service on your part and in that case you will be held responsible for the costs and consequences including this notice charges amounting to Rs.2000/-.which please note.

 

 

           Yours Truly,

 

Advocate Rajkumarl. A. Rajhuns.

 

Enclosure as Above:      

Arjun (System Analyst)     29 July 2011

Sir,

Thanks for your quick response. It is too early for me to issue a leagal notice as I have not received my final settlement and stil I am serving my notice period. I just wanted to get clarified that, while deducting they deducted 12% of my gratuity and while paying back to me it is just 4.8% as per the gratuity calculation. I wnat to know whether this is the correct way or not?

Thanks and regards,

Arjun

 

Satya (Principal Engineer)     29 July 2011

Dear Sir

I joined my existing company (Private company) on 13-Oct-2006 and will be relieved on 1-Aug-2011 as resignation. I served the company for 4 years 9 months 18 days.. Am I eligible criteria for availing Gratuity ?

What is the exact duration criteria for gratuity ? In which amendment the duration is specified?

Best Regards

SP Mandal

Selvam (Business Development)     29 July 2011

Dear Mr. Satya,

The act clearly says that you need to complete five years for gratuity.

With regards

P. Selvam

Arjun (System Analyst)     29 July 2011

Hello Mr. Satya, can you please create a new post as my query will be deviated?

Satya (Principal Engineer)     29 July 2011

Dear Sir

I would like to add the information that company (MNC)  considered employee's Gratuity as part of CTC(in salary structure).

The above statement is in continuation to last mail (as below), 

"I joined my existing company (Private company) on 13-Oct-2006 and will be relieved on 1-Aug-2011 as resignation. I served the company for 4 years 9 months 18 days.. Am I eligible criteria for availing Gratuity ?

What is the exact duration criteria for gratuity ? In which amendment the duration is specified?"

 

SP Mandal


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