Gratuity
C.Narayanan
(Querist) 10 April 2015
This query is : Resolved
I have been working for last 26 years under one Gentleman who had worked
few years as Resident Rep. of a foreign company which is no more now.
Then in a exporting company where his wife was prop.
Then as partner in a exporting company along with his son who is no more now.
Now for last 10 years as proprietor of exporting company.
Totally I have worked under him for more than 26 years continuously without any break in service. Still I am working for him. He is a nice person but his problem is he depend others and believe others. Now my age is 64 years and I am planning to retire myself .
My last salary drawn is Rs. 30,000.00 all in all. How much Gratuity I am eligible for ?. Can you calculate and inform. My apprehension is that the present company has a Accountant, who says that I will get maximum gratuity Rs.2,25,000 as per gratuity law which I am doubtful. Moreover my boss will believe what the Accountant tells. I just want to know what the law says ?. I need your expert advice.
Best Regards
C.Narayanan
9312012990
Isaac Gabriel
(Expert) 11 April 2015
Are you covered by Gratuity Act? Minimum 10 employees should work if it has to be covered by the act.
Kumar Doab
(Expert) 11 April 2015
If Payment of Gratuity Act is applicable to establishment then it has to pay Gratuity to its employees.
One of the options is that you may let the designated person::::Accountant/Employer tender payment of Gratuity whatsover it wants and then demand notice of determination of Gratuity.
In the meantime you may generate the evidence of employer-employee relationship for all of these years.
Dr J C Vashista
(Expert) 12 April 2015
Calculation for gratuity (if applicable in your case) is to be done by an accountant and not by legal experts on this platform.
T. Kalaiselvan, Advocate
(Expert) 13 April 2015
You may do the calculations yourself by knowing the formula for such calculation which your own accountant will provide.
