Gratuity

mukesh (Querist) 10 March 2014 This query is : Resolved
I am a power of attorney holder in Pvt Ltd co but am not authorised to sign and draw any negotiable instrument. I am working since 2001 and is now 60 yrs of age and still working.

If they relieve, am I eligible to demand Gratuity? if yes, how to calculate the dues.

Thanks in advance.

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Kumar Doab (Expert) 10 March 2014
If you are employed and relationship of Employer-Employee exists and if you are eligible as per provisions of Payment of Gratuity Act 1972, then there should be no issue in laying claim for Gratuity.

The employer has to supply Notice of Determination of Gratuity and pay within 30 days of becoming eligible.

Employee can submit FormI.

(Basic+DA)/26*15* No. of years of service
Basic+DA is as per last drawn wages, so obtain last salary slip.

If in last year you have worked for more than 6months count it as 1Year.

Sudhir Kumar, Advocate Online

(Expert) 10 March 2014
agreed with Mr Kumar Doab

Rajendra K Goyal (Expert) 10 March 2014
You are eligible if employee and employer relationship exist as per payment of gratuity act.

Guest (Expert) 10 March 2014
Power of attorney, what for and employment is in which capacity?

Further, how many employees are there at the strength of the company?

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