Daughter rights

sir I have worked for 6 years in an organisation , I would like to know whether I am entitled for gratuity,If yes how should I proceed for its wihdrawal.I have not yet received any information regarding gratuity from the organisation .I have resigned and left the job a year back ,whether still I can ask for the gratuity.

It is believed that your grandfather was Hindu.

If your grandfather had left a will, then the beneficiaries in the will shall get the rights on his estate.

If your grandfather has died, without leaving any will, then his sons and daughters shall get equal share in his estate.

You, your 2 sisters, 1 brother shall get equal share in estate of your father, if your father does not create any will on his estate.

Gratuity:

You are eligible for gratuity.

Your employer has not determined the amount of gratuity payable to you and has not supplied any notice to you for the payment of gratuity, as per clause (2) in

Section: 7
Determination of the amount of gratuity.

And thus has not complied with provision and guidelines of Payment of Gratuity Act.

You can submit FormI (under acknowledgment with seal signature and date) as per clause1 in Sec7 mentioned above. If your employer shows any tantrums you may submit FormI by redg. post to MD of the copmpnay and also submit a copy to Controlling Authority of Gratuity which may be DLC ( Dy. Labor commissioner) at your location (under acknowledgment with seal signature and date).

Although FormI is attached herewith you may obtain the latest version from o/o Controlling Authority or your company.

Formulae for calculation of Gratuity:

 [ (Basic Pay + D.A) x 15 days x No. of years of service ] / 26

Basic and DA as per last drawn salary.

The delay in making an application can be condoned by the controlling authority.

Gratuity is social security tool and the authorities would look into the interest of employee.

Still if you feel any difficulty you may rely upon landmark judgment of High Court of Punjab and Haryana at Chandigarh:  

Senior Superintendent of Post Offices. Hoshiarpur Division, Hoshiarpur PETTIONER

Versus

Shri Avtar Singh and others

Attached:

If grandfather died intestate and if there are no other legal heirs, then all four of you will get one-fourth share.

PF / Gratuity you can request by sending registered letter, and one reminder after fifteen days, then legal notice after one month. All by registered post.

sir I would like to know that whether TEACHERS are entitledfor gratuity.

Yes. Teachers are eligible. The notification entitles with retrospective effect from April, 1997.

Valuable advice of learned experts/members is sought.