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technical institute not providing retirement benefits

(Querist) 28 April 2014 This query is : Resolved 
I was employee in a polytechnic institute as a jr. Clerk and later as a sr. Clerk from 1984 and retired in 2009. The deductions from the salary was made, for example for the year 2003-04 was 61,894 rs and rs 16,510 was deducted as PT, PF, LIC. Now I am being given 1433 rs per month as pension. Gratuity is not paid. They say that this institute is a non grant from govt. And further it is run by charitable public trust, therefore employees have no right to ask for gratuity. Are they right?
Kumar Doab (Expert) 28 April 2014
First thing first:

---Do not remain stuck up with verbal transactions.

Has the employer declined to pay Gratuity in writing?

Is its contentions supplied to you in writing?

---If employer has not paid Gratuity, have you submitted FormI under proper acknowledgment?
Submit it under acknowledgment preferably by redg. post and submit a letter also stating that despite your representations on dated..................to Mr/Ms................designation................address..................in office/by phone/by email/ etc the notice of determination of Gratuity and payment has not been supplied to you. And you have submitted FormI, and a postage prepaid,self addressed envelope is attached for sending the reply and notice and payment to you so as to reach you within next say............15 days.

Try to obtain written reply.

Public charitable and religious trusts are also covered by this Act.
Sudhir Kumar, Advocate (Expert) 29 April 2014
you have not intimated whether it is govt/semi-govt or private institution.
Rajendra K Goyal (Expert) 29 April 2014
Submit your claim for gratuity, get their reply and proceed accordingly.


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