Gratuity in proprietership company
Rahul Sharma
(Querist) 11 April 2013
This query is : Resolved
Hi Sir and Mam,
I am working as a IT system admin for a small proprietorship company registered in Mumbai and I was posted in Delhi. My appointment letter and place of posting is Delhi.
I want to now retire and thus gave my resignation complete with the notice and requesting them to wave off my notice. My PF is deducted monthly. I have completed 5 years and 10 months here. My company is now silent on my gratuity. It says that gratuity was not written in my appointment letter so gratuity cannot be claimed by me.
I have been doing my own business earlier in computer hardware and this is my first job in life and I dont know what is the correct rule. Some friends tell me that gratuity is to be there. Some say it is not there because in appointment letter it is not written. Number of staff in Mumbai and Delhi offices total is 35. I am 49 years old now. I joined when I was 43 years old.
Please advice.
Kuummaar AS
(Expert) 11 April 2013
At the outset, the term Proprietorship Company used by you is not understood. Anyway, if it is a company with 35 employees, you are eligible for gratuity.
Raj Kumar Makkad
(Expert) 11 April 2013
Payment of Gratuity Act is applicable by its own force. Your employer is liable to pay in the given facts. Serve a legal notice through a lawyer and then file a suit against the ex. employer.
Guest
(Expert) 11 April 2013
If your organization employs ten or more employees, it by itself become liable to pay gratuity under the provisions of the Payment of Gratuity Act, irrespective of whether there is any mention or not in your appointment letter.
Rahul Sharma
(Querist) 24 April 2013
Dear All Sir,
Thank you for giving me the knowledge. However my proprietership company has decided to not give the gratuity as it is not replying to me. They saying only Limited companies liable to give gratuity and if not mentioned in appointment letter then not eligable. Is there any such judgement or court order where proprietership is liable to pay gratuity and irrespective of whether written or not in the appointment letter.
Now I want to know where can this case be filed? I told, my appointment and posting is in Delhi but company registered in Mumbai.
Labour commisioner or Court. and under which sections of it can be filed?
thank you sir,
Mr. Rahul
Rahul Sharma
(Querist) 24 April 2013
Sir,
One more thing, is there some form that has to be filled up and submitted to claim the gratuity? Is there some rule different for company in Maharashtra, Mumbai or the rule in Delhi will be apply?
Regards,
Kuummaar AS
(Expert) 24 April 2013
Do not waste time of experts.
Raj Kumar Makkad
(Expert) 24 April 2013
If your firm is not adopting the provisions of gratuity, what is the use to ask its provisions concerning to companies?
Rahul Sharma
(Querist) 24 April 2013
Then what should I do? Please help me Sirs...
Guest
(Expert) 24 April 2013
Apply in Form-1, as prescribed in the Payment of Gratuity Rules.
