if it is brought to the notice of the company it would pay yr gratuity.
Section 14 is clear that the provisions of the Act or any rule made there under shall have effect notwithstanding anything inconsistent therewith contained in any other enactment or in any instrument or contract having effect by virtue of any other enactment. The payment of gratuity under the Act is thus made obligatory being one of the minimum conditions of service. The non-compliance of the provisions of the Act is made as an offence punishable with the imprisonment or fine. It is settled law that the establishments which have no capacity to give to their workmen the minimum conditions of service prescribed by the Statute have no right to exist [Bijay Cotton Mills Ltd. v. The State of Ajmer; Mis. Crown Aluminium Works v.Their Workmen, [1958] SCR 65 and U.Unichoyi and Ors. v. State of Kerala,] With the implementation of VI CPC and pension benefits accruing on completion of 20 years qualifying service, and also that the extent of benefits of adding years of qualifying service for purposes of computing pension/related benefits like gratuity was to be withdrawn, the GOI/Ministry of Personnel, PG & Pensions, Dept. of P&PW Office vide Memorandum No. 7/7/2008-P&PW(F) dated 13-02-2009 ,Para 3-have issued Orders to this effect duly withdrawing the adding years of 2 qualifying service (33 years) for the purposes of commuting pension as well as other related benefits such as gratuity.
approach labor asst commissioner he would get you
appr
