Eligibility For gratuity

While posting such queries employee should post basic information!

What is this establishment; Commercial, Industrial?

What is its nature of business say; IT, ITeS?

How many persons are employed in it?

What is your designation and nature of duties?

How many persons report to you?

Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

You are in which state? Since how many months you are working? Are you under probation period or your service is confirmed in writing?

 

Do standing orders (model/certified) apply to establishment and your designation?

What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Was ever any stinker, memo, show cause notice on any misconduct issued to you?

Does the establishment have its appraisal system? Do you have copy of signed appraisal forms, matrix, KRA’s, performance date? How was your performance?

Are you a member of employee’s/trade unions?

Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

 

Respond to relevant points..

 

If payment of Gartuity Act applies to establishment and say 10 persons wre employed as on your DOJ/before ............then go thru;

THE PAYMENT OF GRATUITY ACT, 1972; 1,2A,4,7

https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf

State rules e.g;

The Payment of Gratuity (Maharashtra) Rules, 1972.

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

 

Generically speaking; You should be eligible 

 

Instead of verbal communications write under proper ackowledgment to designated official/good offices of appointing authority mntioning your DOJ/LWD and that;; Notice of Determiantion of Gartuity, payent of Gratuity, requisite form if any  has not been supplied to you and same be supplied to you ASAP...  

Dear Mr. Kumar Doab,

I find your replies to the queries totally unsatisfactory and off the mark, including the above one.

The query is simple.  Whether a worker who has completed 4 years 10 months and 6 days service (not 5 years service) is eligible for payment of Gratuity or not?

Instead of answering the query straight away - you have asked several questions, which I feel are unnecessary to answer the query.

1. You ask whether the establishment is Commercial, Industrial?

Please tell whether the Payment of Gratuity Act differentiates in the payment of gratuity in respect of commercial and industrial establishment?

2.  What is its nature of business say; IT, ITeS?
Please tell whether the Payment of Gratuity Act differentiates in the payment of gratuity in respect of IT, ITes or other kind of business?

3. How many persons are employed in it? 

I can understand this query, becaused based on this one can first find out whether Payment of Gratuity Act is applicable to that organiation or not.

BUT in the instant case, that basic question simply does not arise, as the organisation did not say that the Gratuity Act is not applicable to it, but said that the Gratuity benefit would be available (to the Querist) only after completing of 5 yrs (meaning thereby that since the querist has fallen short of 5 years service he is not eligible for it).  Therefore, your query in this regard seems totally unwarranted.

4. What is your designation and nature of duties? How many persons report to you?

Whether payment of Gratuity differs from designation to designation?  

Again whether payment of gratuity depends on number of persons reporting to a person?

5. Do you have any power to sanction leave/increment/appoint/terminate/appraise etc etc ?

How this is relevant to answer the question of the querist?

6. You are in which state?

Whether the payment of Gratuity Act differs from State to State?  If not why this query from you?

7. Since how many months you are working?

The querist has already indicated that he had worked for 4 years 10 months and 6 days.  Therefore how relevant is your this query?

8. Are you under probation period or your service is confirmed in writing?

Assume if one is on probation for more than 5 years, or not confirmed even after 5 years, will he not be eligible for Gratuity?
9. Do standing orders (model/certified) apply to establishment and your designation?

Is the above information relevant for payment of Gratuitty?

10. What is notice period as per appointment letter/offer letter and what was notice period tendered by you?

Will the above information, in any way affect the payment of Gratuity?

11. Was ever any stinker, memo, show cause notice on any misconduct issued to you?

12. Does the establishment have its appraisal system?

13. Do you have copy of signed appraisal forms, matrix, KRA’s, performance date?

14. How was your performance?

15. Are you a member of employee’s/trade unions?

16. Has the establishment issued/supplied, offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………?

Please indicate in what way your above Query No. 11 to 16 are relevant to answer the query of the querist?

Ultimately, what are you advising the querist.  You are asking him to go through the Payment of Gratuity Act, 1972 and Payment of Gratuity (Maharashtra) Rules, 1972.

Ultimately, as a concession, you say "Generically speaking; You should be eligible".  Why Generally?  Why not specifically?

While on the subject, I must say that I also ask several questions/information in some cases before answering (which I think is relevant).  But please feel free to point out any unnecessary queries that I raise, so that either I can point to you how relevant they are, or correct myself.

Good evening sir, myself Murari I have been working in karur Vysya Bank Ltd from 25/03/2013 to 31/01/2018 as assistant manager. I have been relieved from my services on 31/01/2018 with serving my three months mandatory notice per period. I have contacted my employer regarding my gratuity he as informed me that for gratuity you should serve the bank for 5 years and I have told my services Is 4 years and 10 months as per gratuity rule above 4years and 6 months is taken as 5 years. Now whom should I approach my employer is a bank and its governed by the rules of Indian Bank association rules. Will I able to get my gratuity benefit amount. I regret for not introducing myself in the previous message Kindly guide me With regards Murari M V N

Dear Mr. R. Ramachandran,

On the contrary I find your post addressed to me totally irrelevant, dissatisfactory.

Pls don’t ask anything again in this or any other thread.

NO need is felt to point out anything, further in this or any other thread.

Simple or tedious, I shall respond to the querist when querist responds.

You may continue to ask anything from any querist in any thread as many times.

 

 

Dear LCI Querist Mr. Murari M V N

As already suggested above, you may write to employer under proper acknowledgment.

Thru any other colleague or from employer/designated person to process gratuity or Bank employees unions ask/download the Gratuity Rules applicable to M/s karur Vysya Bank Ltd

Post the link to the rules…or attach in this thread…

 

The relevant sections from the Act has already been posted....for any reader...

There are many threads at LCI on Gratuity that you can search thru SEARCH option in threads, Articles, Judgments and pick up relevant points, citations, illustrations  …

e.g;

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

Mr. R.Ramachandran

If there is any error in typing your name, point out.

Correct mine immediately.

Dear Mr. Kumar Doab,

Please point out how my queries addressed to you are totally irrelevant, dissatisfactory. Pin point.

 

Dear Mr. R. Ramachandaran,

The conversation has already been ended in previous posts.

From hereon I shall be reverting to querist ...

 

You cannot have such an easy escape route by saying "The conversation has already been ended in previous posts."

When I confronted you with specific queries as to how your queries are relevant to the issue, you instead of answering those points went on to charge me without any basis saying "On the contrary I find your post addressed to me totally irrelevant, dissatisfactory."

I asked you to "Please point out how my queries addressed to you are totally irrelevant, dissatisfactory. Pin point.

 

Now instead of answering me, you want to escape by saying "The conversation has already been ended in previous posts." 

Accept that your queries were irrelevant or answer my queries point by point.

I will definitely go on remind you on this issue, unless you give answers. That is for sure.

You will not ask anything as already conveyed.

You cannot and will demand any answer.

You will not remind.

You will remember as already asked.