Applicablity of gratuity
M N SRIDHAR
(Querist) 05 October 2013
This query is : Resolved
Dear Sir's
I was working with a Private Limited Company form 17th November 2008 to 28th August 2013. i.e nearly 4 year and 9 months. I resigned and was relived on 28th August 2013.
I have sent email's asking for them to settle my gratuity but they are telling that I have not completed my 5 years of service in the organization.
I would like to ask you whether I am eligible for Gratuity or not. My employer says I am not eligible for Gratuity. According to you if I am eligible for gratuity can you please email the copies of the Supreme Court/ High court Judgments on the same.
Regards
Sridhar
Kumar Doab
(Expert) 05 October 2013
If you have rendered uninterrupted service and the Payment of Gratuity Act 1972 is applicable to the establishment, you are eligible.
Did company reply to your email in writing?
You may go thru Section 2A : (2) (a) (i) (ii) (b) (i) (ii), and 3,4,7……………..
It is felt that company did not issue any notice to you with a copy to Controlling authority……………….as per Sec7.
You may claim interest on delayed payment.
Submit FormI as ap by redg. post.
M N SRIDHAR
(Querist) 06 October 2013
Dear Sir
Thank you for replying to my query. Company has replied to me in writing stating that I am not eligible for gratuity and should have completed 5 years of service. Company has not issued any notice to me with a copy to controlling authority. I am yet to submit my FormI. Is there any judgment delivered by the high court or supreme court. Can you please help where will I get these judgments.
Regards
Sridhar
Kumar Doab
(Expert) 06 October 2013
There is no need of any court judgment to be enabled to submit FormI.
The email of the company should entitle you for the interest @10% on delayed payment.
Submit FormI as ap by redg. post.
This would be the first step.
The Section 2A was inserted in the Act to clarify the applicability and explanation of yearly service. This section is elaborated and illustrious and is self explanatory.
There are many threads on Gratuity at LCI, you may go thru these…………………..
You shall find court judgments. If the need be your lawyer can also provide court judgments to you.
http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UiihKNKAqWM
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
http://www.lawyersclubindia.com/experts/Gratuity-law-420856.asp#.UlEEvdKAqWM
Contact your lawyer with all of your documents and proceed under expert advise of your lawyer.
M N SRIDHAR
(Querist) 06 October 2013
Dear Sir
Thanks for your mail. I will check on the above mentioned websites and also will consult my lawyer.
Rajendra K Goyal
(Expert) 06 October 2013
Agree, you are entitled for the gratuity.
