Payment of gratuity - reg

Rajesh Kumar Surapur (Querist) 15 September 2016 This query is : Resolved
Dear Sir,

This is furher to my query on payment of gratuity for services rendered by me to HBL Power systems ltd., for 4 yrs 10 months 15 days. Employer reseponse to my request to release gratuity is as given below:

Quote:

Dear Mr.Rajesh Kumar,
We are aware of the Gratuity Law and susequent Rulings given by the various
High Courts and the Apex Court.

Pls note that the Government of India did not amend the law in line with
Apex Court Judgement.Hence 5 ( Five ) Years is the stipulated period for
earning Gratuity.Hence Supreme Court judgement is the precedent and not
binding.It is entirely left to the discretion of the Employer.Also please
note that interpretation of the Law is very difficult and it is not
uniform.Law is enacted by the Executive for the benefit of the Public at
large ( Public interest ).Courts will interpret based on the specific
cases.Hence you mght have observed that judgements differ from one Court
to another on identical cases.

Hope our above readings might have clarified you in this regard.

Regards
Ch Rama Rao | General Manager – Corp P&A
HBL Power Systems Limited | Shameerpet | Hyderabad – 500 078
Phone No. : 08418-301640 Extn. : 206 | Cell No.: 09951044779
Email ID : chrrao@hbl.in

Unquote:

Please guide me further .

Follow Query

Report Abuse

Kumar Doab (Expert) 15 September 2016
It would have been better to post in original thread.

Payment of Gratuity Act is a statue and no citation is required for claiming payment of gratuity as per its provisions.

Payment of Gratuity Act:2A; 2(a) (i) (ii)

Evidently the intent of signatory is to avoid payment of gratuity.

GO thru; Section;9 also and provision for penalty and punishment.

Rajendra K Goyal (Expert) 16 September 2016
Agree with the advice from expert Kumar Doab.

Raj Kumar Makkad (Expert) 18 September 2016
I would also have felt happy had you posted this subsequent event in the original thread.

Anyway, the reply of your company is not accurate and judgment which we provided to you is binding even to your employer.

Now next course of action remains to go to court.

Guest (Expert) 18 September 2016
Section 2A (2)(a) of the Act is very clear. In view thereof, no discretion rests with the employer.

Kumar Doab (Expert) 18 September 2016
You may not and can not jump to court.

Submit a gentle representation addressed to good offices of appointing authority,MD,Chairman and remind them of the obligation to pay Gratuity as per provision of the statue and intended action to avoid payment of Gratuity.You can hint/ask............ that did the signatory that declined to pay had competence delegated by employer/Board? Request to supply Notice of Determination of Gratuity and payment and undo the damage by the wrong action/decision by signatory.

Thereafter you can/may approach Controlling Authority of Gratuity.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries