Bhaskara Mogera (Sr. Manager) 11 May 2011
Payment of Gratuity
I was worked with my last employer for 4 years and 10 months. But they are not ready to pay the gratuity on the ground that I was not worked for 5 years. Then I forward the Madras High court judgement regarding payment of Gratuity. Still they are not ready to pay my Gratuity. Now How I can proceeding on this matter. Please advise.
A.Mohamed Thaheer (Advocate) 11 May 2011
If you are legally eligible for Gratuity as per the terms and conditions on which you were offered
appointment, initially, make representations to your superior with one or two reminders, so that
you should exhaust all the administrative formalities. if your grievances are not looked into by
your superiors, then you have to approach the Central Administrative Tribunal for remedy,
by citing relevant case laws in your favour. Wish you good luck.
Atul (Service) 11 May 2011
The pre-requisite condition to be eligible for gratuity is completion of service for 5 years. Although gratuity rules specifies the method rounding off of part of the service period, it cannot be applied to determine elegibility.
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