Refusal of payment of gratuity

Otherwise also

DOA- DOL=4Y08M08D

So you are eligible.

Ther are many threads on similar query

Go thru:

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

e.g;

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

Payment of Gratuity Act   Section: 2  (e) "employee" means any person (other than an apprentice) 

D.O.A (Absorption) = 21-July-2012
Even if you take into account date of absorption you are entitled mean you have completed 04 years and 240 days which should be treated as 5 years service for entitlement to gratuity.  

Submit FormI under proper acknowledgment and mention that ‘Notice of Determination of Gartuity’ amd correct Payment of Gratuity has not been supplied to you and request to supply both.

One Presdpective: You may enter period from DOJ. Let employer reply whatever it wants.

Other Prespective: Confirm and mention that you were not apprentice.

If payment is not supplied within 30days frfom LWD interest @10% shall be applicable, for the delayed period.

Dear friend, Ajay

Recently I had the similar issue. Issue went with Labour Commissioner also.

By considering your DOA also, your Total Service is: 4 years, 8 months, 10 days. So, you are perfectly eligible for the Gratuity. 

The Payment of Gratuity Rules in case the Service is less than 5 years:

4 Years 190 Days - For the Organizations which work 5 days/per week.

4 Years 240 Days - For the Orgnaizations which work 6 days/per week.

If we meet the above mentioned days, then the service will be considered as complete 5th year. 

So, you are meeting both the conditions and surely elible for the Gratuity. These inputs are from my realtime experience.

Labour Rules are very powerful. Please log a complaint with Labour Department with all the proofs from the Employer where they denied to pay the Gratuity. As Kumar Doab said you may get additional interest benefits as well. If they still don't agree to pay, Labour Commissoner may forward the Case to Labour Court as well, if needed.

Good Luck. Lets celebrate a big party if everything goes smooth. :)

Dear Friends,

Good evening. Thank you for your time  and your insights. I have gone through your input.

1) The first one being the question of I being an apprentice. Are there any standout points that identify apprenticeship as I am unable to determine if I was one during my training period. 
The last time I asked my HR (after leaving the organisation) for a written explanation for denial of gratuity, I was replied with two kind words; "Please Sue". I do not see any additonal information coming from their end. 

2) I have also gone through the second point regarding my service falling well within 4 years and 240 days tenure.
My previous employer as per policy approves NO form of leaves during the notice period. I have however due to some  committments have gone on a unpaid leave which my employer terms as "Loss of Pay". (Note that; irrespective of the employee possesing a sizable number of earned leaves , as per the company's policy, employees are not permitted any leaves during the notice period. I had to go on a LOP inspite of having enough eaned leaves in my kitty)
These LOP's were taken during the 6th month of the 5th year. Does this violate the requirement as stated in the act of "Continuous service"?

My preivious employer observes 5 days working for 2nd and 4th week and 6 days working for the rest of the weeks. 

Kindly advise. 

Regards
Ajay

Originally posted by : Ajay Hebbar
	Dear Friends, Good evening. Thank you for your time  and your insights. I have gone through your input. 1) The first one being the question of I being an apprentice. Are there any standout points that identify apprenticeship as I am unable to determine if I was one during my training period.  The last time I asked my HR (after leaving the organisation) for a written explanation for denial of gratuity, I was replied with two kind words; "Please Sue". I do not see any additonal information coming from their end.  2) I have also gone through the second point regarding my service falling well within 4 years and 240 days tenure. My previous employer as per policy approves NO form of leaves during the notice period. I have however due to some  committments have gone on a unpaid leave which my employer terms as "Loss of Pay". (Note that; irrespective of the employee possesing a sizable number of earned leaves , as per the company's policy, employees are not permitted any leaves during the notice period. I had to go on a LOP inspite of having enough eaned leaves in my kitty) These LOP's were taken during the 6th month of the 5th year. Does this violate the requirement as stated in the act of "Continuous service"? My preivious employer observes 5 days working for 2nd and 4th week and 6 days working for the rest of the weeks.  Kindly advise.  Regards Ajay

Did you submit leave application under proper acknowledgmrent?

NO leave during notice period seems to private policy.

Otherwise atleast I am not aware of any law that states “NO Leave during Notice period’!

https://www.lawyersclubindia.com/forum/Leave-during-notice-period-in-software-industry-147438.asp

Similar queries have been discussed many times at LCI and can be searched in "Search option" and corresponding rules/ACT/judgments can be downloaded. 

Many authors/querist have posted such queries and have resolved without need of any litigation. 

Or with help of employee's/trade unions

Or with help of Officials of Dept of Labor

Or with help of a very able counsel specializng in Labor/service matters

Go thru:

https://www.lawyersclubindia.com/forum/Leave-during-notice-period-in-software-industry-147438.asp

https://www.lawyersclubindia.com/search_results_new.asp?module=Forum&q=Payment+of+Gratuity+to+trainee

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

https://www.lawyersclubindia.com/forum/details.asp?mod_id=31880&offset=2

https://www.lawyersclubindia.com/forum/Absconding-as-trainee-employee-case-68931.asp

Did you apply for Gratuity in writing and/or submit FormI, under proper acknowledgment?

The establishment works for less than 6days/week.

Even if establishment works for 6days/week, you should be eligible.