About Gratuity

From the facts revealed by you, you are entitled for the Gratuity.

Please give an application to your employer in Form-I which is provided under THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972, and take acknowledgement of that application.

Within fifteen days of the receipt of an application under,   if the claim is found admissible on verification, the employer shall issue a notice in Form ‘L’ to the applicant employee, specifying the amount of gratuity payable and fixing a date, for payment thereof.

However, if according to the employer, the claim for gratuity is not found admissible, then he will issue a notice in Form ‘M’ to the applicant employee, specifying the reasons why the claim for gratuity is not considered admissible.

If you are not satisfied with the rejection of gratuity by the employer, then immediately on receipt of such rejection letter, you have to approach the Controlling Authority, and submit an application in Form-N.  You have to find out as to who is the Controlling Authority for this purpose, in respect of the School where you are employed.

After receipt the application in Form-N, the Controlling Authority, will  issue a notice in Form ‘O’, to the Employer and the Applicant and ask them to appear before him on a specified date, time and place for further proceedings.

 

excellent reply. i really appreciate it. thank you so much.

Submit under proper acknowledgment a simple letter narrating that 'Notice of determination of Gratuity', payment of Gratuity and requisite forms if any, has not been supplied by establishment/employer to employee and may be supplied immediatley....

You are amongst Teaching or NON teaching staff...

The etablishment/your div. works for how many days/week ;6 or less than 6..

The Act/rules  posted above does not mandate 4Y10M18D......

I was a Teaching staff. The school follows 6days a week. Also, please tell me the excerpt or the verdit or the rule with section etc so that i can show it to the management.

Mr. Doab, tomorrow i am going to the management. if you could kindly make the picture more clear to me that would be of much much help.

You could have posted it in your 1st post that you have a urgent meeting.

I have been unwell and occupied and despite being unwell have to attend to imp. and urgent matters..
 

Still you can pick up relevant points from following.

Hope you have the Gratuity Rules applicable to establishment.

Or ask the establishment to provide authenticated copy.

Since you have not commented on above mentioned rules by above member it implies that Payment of Gratuity Act, 1972 and Central Rules applies in your case…

 

You have worked for more than 240 days in 5th year.

This position has been discussed in detail in many threads and that employees that sustain .......they succeed.....

e.g.:



https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

https://www.lawyersclubindia.com/experts/Gratuity-521706.asp

https://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp

https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp

You can download exact rules, citations, judgments and defend your interest..

You may go thru: Payment of Gratuity Act 1972: Sec;2A,4,7,9


https://labour.gov.in/upload/uploadfiles/files/ActsandRules/SocitySecurity/ThePaymentofGratuityAct1972.pdf

Even;

 

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

Continuous service

Mr Justice K. Chandru, who heard the petition, observed that even if it was accepted that R-3 had worked only from July 1, 1999 and as per the settlement, and he resigned on February 3, 2004, he had worked for 4 years and 7 months even as a regular worker. Under Section 2A(2)(a), if the service was discontinuous than 240 days, it would be deemed to be continuous service. 

https://www.thehindubusinessline.com/companies/Court-ruling-on-eligibility-for-gratuity/article20239203.ece

 

The above member has also posted in affirmative to your query….

Still if there is anything ask the member and others to attend to your urgent need if any…

Mr. Doab. your prompt help is highly appreciated. i am sorry to bother you urgently. thank you so much once again.