Meena 03 September 2018
bijoy kumar 03 September 2018
Kumar Doab (FIN) 04 September 2018
How many persons were employed in establishment?
Are your’s or HR’s statements as in query are on irrefutable record/in writing?
Kumar Doab (FIN) 04 September 2018
Since you have got relieving docs as per your query; You may esclalate to good offices of appointing authority/MD narrating previous representations and ask for relief by releasing payment of Gratuity.
Remain gentle and amiable.
Your issue may get resolved.
Or you may have to approach ‘Controlling Authority of Gratuity’ in person or thru Authorised Representative..that can represent you..
Gratuity= { ( Basic+DA)/26*15*No. of years in service} Basic+DA is as per last drawn wages…
NO. of years is ; after 5Y of service ( Calendar years from date of reference as in the Act or simply count from LWD/DOJ ) ………………..
>6M=1Y
<6M=0Y
If establishment works for 6days/week then employee should have worked for 240days/year and in last year If establishment works for less than 6days/week then employee should have worked for 190days/year and in last year
Kumar Doab (FIN) 04 September 2018
Although there is NO need to quote any citation since Payment of Gratuity Act is a statue and provisions in the Act are crystal clear…. still you can also pick up citations from this thread, other threads, Files, Articles, Judgments sections…
e.g; Article under my profile..
Off days, holidays are counted in service period for the Payment of Gratuity !
No Limitation to Claim Payment of Gratuity
You may pick up the relevant points and take help of 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……