Regarding Gratuity
Surender
(Querist) 01 October 2017
This query is : Open
Hi sir/madam
I have joined Engg. college on 24th August, 2005 as a lecturer. I resigned from there on 20th July, 2010. But due to some circumstances , i cleared my all dues in 2013 & got my experience Letter then. Am i eligible for gratuity. Also can i apply for gratuity now. Please advice me.
Guest
(Expert) 01 October 2017
You must apply, if your college falls within the framework of the Gratuity Act.
Advocate M.Bhadra
(Expert) 01 October 2017
You can claim if your Institute are fallen under The Payment of Gratuity Act, the Supreme Court rendered this judgment under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)],
An employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service.
For continuous service in Industrial Dispute Act and Payment of Gratuity Act,the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity.
•4 years and 6 months (190 days = 1 year) where the company follows 5 day a week
•4 years and 8 months ( 240 days = 1 year) where the company follows 5 day a week
is eligible for gratuity.
Rajendra K Goyal
(Expert) 01 October 2017
If not applied, apply and claim.
Wait for the action from the institution.
May revert mentioning the reply from institution if declined.
Kumar Doab
(Expert) 01 October 2017
Employee should never delay and submit requisite docs in time under proper acknowledgment.
If establishment is covered by Payment of Gratuity Act, 1972 then you should be eligible.
Generically speaking; You have worked for 4Y10M26D.
You should be eligible.
Teachers are eligible for payment of Gratuity.
GO thru:
Payment of Gratuity Act, 1972: 1, 2(e),2A,4,7
http://lawmin.nic.in/ld/P-ACT/1972/The%20Payment%20of%20Gratuity%20Act,%201972.pdf
Kumar Doab
(Expert) 01 October 2017
You may write under proper acknowledgment, to designated official, appointing Authority that ‘Notice of Determination of Gratuity’ and payment was not supplied to you and FormI (copy if it was supplied by you earlier………………… or original) is attached.
Does establishment has record of payment of gratuity to teachers?
Or like many teaching establishments it has been declining payment to teachers?
There is NO limitation to claim payment of Gratuity.
You may have to strive to condone the delay.
Employer should pay on its own or interest @10%pa is payable for the delayed period from LWD.
It is upto you to give up interest owing to delay if any from your side and close the matter on amicable terms.
Kumar Doab
(Expert) 01 October 2017
You may write under proper acknowledgment, to designated official, appointing Authority that ‘Notice of Determination of Gratuity’ and payment was not supplied to you and FormI (copy if it was supplied by you earlier………………… or original) is attached.
Does establishment has record of payment of gratuity to teachers?
Or like many teaching establishments it has been declining payment to teachers?
There is NO limitation to claim payment of Gratuity.
You may have to strive to condone the delay.
Employer should pay on its own or interest @10%pa is payable for the delayed period from LWD.
It is upto you to give up interest owing to delay if any from your side and close the matter on amicable terms.
kavksatyanarayana
(Expert) 01 October 2017
An employee who shall put a not less than five (5) years service is eligible for gratuity as per rules for more organsations.
Kumar Doab
(Expert) 02 October 2017
Dear Mr. kavksatyanarayana,
The Act is a Statute.
The establishment covered by the Act can not craft its private rules that are violative of Statute. Sch private rules have NO legal sanction and NO legal force.
There are publications narrating employers offering Gratuity even after service of 2 years.
The employer can offer superior provisions/benefits/award as per Sec;4(5).
The employer can not offer inferior benefits.
Guest
(Expert) 02 October 2017
Mr. Kumar Doab has shown his expertise in making 4 absolutely vague and meaningless posts, specifically the last post is totally misleading.
However, Mr. Kumar Doab may like to quote any specific section of statutory Act or Rules under which any organization is prohibited to make its own rules for payment of Gratuity, if better than the Central or State's provisions?
A matter of commonsense for him, how an organization can give better offer u/s 4(5), if not prescribed in the organization's own rules?
Kumar Doab
(Expert) 02 October 2017
IT=@PSD,
All multiple fakeID's
IT's last post above, in this thread is also as usual good for nothing.
IT=@PSD has made another good for nothing post today also at LCI.
IT=@PSD has been doing it from day1 in addition to grossly wrong and erroneous posts.
Today also contribution of IT=@PSD at LCI is NIL, ZERO.
Guest
(Expert) 02 October 2017
Another absolutely vague post by Mr. Kumar Doab.
Mr. Kumar Doab's problem is that when he fail to find any word to justify his stand on asking, he usually make evasive and abusive posts, like the above.
Guest
(Expert) 02 October 2017
Mr. Surender,
You would be justified, if you ask a simple question from Mr. Kumar Doab, whether he is really a legal expert and with what legal qualification. You would also see that he would avoid to reply your question. He would either keep silent on the question or would make some other evasive posts, instead of replying your question.
Kumar Doab
(Expert) 02 October 2017
Another of dirty tricks of IT=@PSD.
IT=@PSD has modified IT's post.
IT=@PSD does it from day 1.
Today also IT's=@PSD's contribution in all threads is NIL, ZERO.
Kumar Doab
(Expert) 02 October 2017
Another of dirty tricks of IT=@PSD.
IT=@PSD can not ask anything from anyone anybody.
IT=@PSD can not ask any querist anything leave apart asking the querist to raise questions to other Experts.
IT=@PSD has been posting at LCI that employee has to complete 5 calender years to be eligible for Gartuity.
IT has posting despite years of tutorials on Gratuity to it duly supported by Act, Rules,judgments...
ON the top of posting wrong advice's IT=@PSD has been posting daily TRADEMARK TAMASHA ABUSE NUISANCE FROM MULTIPLE FAKE ID'S.
IT=@PSD does it from day 1.
Today also IT's=@PSD's contribution in all threads is NIL, ZERO.
Kumar Doab
(Expert) 02 October 2017
IT=@PSD
all multiple fake ID's many of including that have been blackened/blocked/shunted out .........
IT=@PSD can very well run to IT's=@PSD's teachers (if IT had any) and ask as many queries IT had/has/shall have.
If IT's=@PSD's had any teachers, IT=@PSD will get a very loud slap on IT's face from front,back,center,left,right ....................for IT's =@PSD's grossly wrong,erroneous advice's....................and another for DAILY ABUSE,NUISANCE,SARCASM.................. another for dirty tricks..............another for posting grossly wrong advice getting despite tutorials at LCI for years ..................another for wasting everyday of IT's=@PSD's purposeless, frustrated life at LCI............... another for alluring unsuspecting querists .................another for .........................list is endless................
What will remain of yo;IT=@PSD, after that?
Kumar Doab
(Expert) 02 October 2017
Dear LCI querist
LCI Admin
Experts
Members
readers
Today also IT=@PSD's contribution at LCI im this and all threads is NIL, ZERO.............
Guest
(Expert) 02 October 2017
Readers and Admn can see the example of expertise of Kumar Doab in making 4 more abusive posts.
Problem of Mr. Kumar Doab is when he fails to find any word to justify his stand on questioning, he not only evades replying, but also makes several abusive posts in continuation one after the other.
He should have replied the questions of Mr. Jigyasu.
Surender
(Querist) 15 April 2018
After your responses , I have applied for gratuity before 5 month through application to Director & Registrar (via speedpost) . But no response from them till now. What should i do now
Surender
(Querist) 15 April 2018
After your responses , I have applied for gratuity before 5 month through application to Director & Registrar (via speedpost) . But no response from them till now. What should i do now
