To avoid gratuity asking to relieve without serving notice

1. You can withdraw your resignation before it is accepted.

2. Have you mentioned notice period in letter of resignation sent by you? If yes refer to service conditions narrated in appointment letter. It is as per various judgments including by Supreme Court of India that resignation can not be accepted before expiry of notice period tendered by employee.

If NO mention it at once in subsequent communications and calim that you have informed in meeting to ..........................on dated...................when you tendered notice.....................dated.............

3. Who is trying to release you before expiry of notice period?

You may write to good offices of appointing authority that you have affirmed in office to Mr/Ms..............designation...............address that you will serve full notice period and against your wishes Mr/Ms........................is trying to release you before dated...............(LWD as per notice period)

4. The establishment works for 6days/week or less than that?

@Vinod - Thanks for your reply. But i need to join another company.

@Kumar - Thanks for your reply.

 Have you mentioned notice period in letter of resignation sent by you? No. I didnot mention.As you said, i will send a followup mail stating that i will serve my notice period.

Who is trying to release you before expiry of notice period? My HR is saying that they will release me before 30 days as Iam not allocated to a project.Meanwhile what is good offices of appointing authority means.Please explain

The establishment works for 6days/week or less than that? The company works for 5 days/week. I joined on 27th Jan 2011 without any break. When Am i eligible for gratuity ?

Please reply. Thanks in Advance. 
 

You can withdraw the resignation before acceptance.

If you are assigned to projects that does not mean that your resignation can be accepted before expiry of notice period or you can be terminated.

You can send notice of resignation hard copy by Redg. Post.

If employee has decided to retire by resignation then employee can submit FormI (for payment of Gartuity) 30 days before date of retirement.

You can clarify that you have submitted notice of resignation and explained in office too and have sent the same by post.

Good offices are o/o appointing authority,MD,Chairman etc and resignation should be addressed and sent to appointing authority that has signed appointment leter.

If the establishment works for <6days/week then employee should have worked for 190days………..

There are many threads on similar query at following link and many judgments are quoted in the threads:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.Vfa6_31-jMo

e.g;

 https://www.lawyersclubindia.com/forum/Am-i-eligible-for-gratuity-126492.asp#.VfkdTn1-jMo

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

If you are unable to handle on your own then you may consult Employee’s union of your trade……………….and there are many unions now/Trade Unions leaders  e.g. CITU/INTUC/AITUC/BMS etc and draft your representations in consultation with them and/or elders of the family, able labor Law Consultant/Service Matters  Lawyer/Law Firm.