Eligibility of gratuity

You may confirm if your service has been continuous, without any break as explained in mentioned sections.......and reply pointwise to all other points. 

I agree with experts, you are eligible.

Subsequent to advise of Dr.J.C.Vashista.

The delay may stare at you..............and may have to be condoned...

Reply pointwise to all points. 

I was employed with a real estate listed company from Hyderabad for the period from July 2005 till November 2012 as Head Corporate Finance. I decided to leave the company, discussed with the management and I was relieved by the company in the month of November 2012. Company cooperated after some followup to settle my Provident Fund dues and subscribed their signatures as employer to the said forms.  

The company maintained their gratuity liability fund with LIC of India and regular contributions were made till my resignation.  I made frantic followups with the MD of the company to settle my gratuity funds through mails and SMS and though I was assured from time to time to settle the same, the MD did not come forward to take steps to send settlement request to LIC.

Now therefore I am forced to see the legal recourse.  I am looking for some labour lawyer at Hyderabad, who can takeup with Labour commissioner or any othe appropriate authority to get my gratuity dues settled from the company.

Is there a provision to penalise the company for non compliance of law of the land by SEBI or BSE, where the company's stock is listed. If yes, I would like to have that recourse too against the company, so that they don't harrass other employees like this.

Dear LCI Querist @ Vishwa,

Pls post your query in a new thread.

The 1st query was by LCI querist @ Mr. Santosh Yadav, who initiated the thread.

Last post/query is by LCI querist @ Mr. santosh kumar rathi

Are nboth one and same persons?

Is the post by  LCI querist @ Mr. santosh kumar rathi detailed response/reply pointwise to all points raised for LCI querist @ Mr. Santosh Yadav?

Has FormI been submitted under proper acknowledgment?

Has esablishment/employer declined to pay in writing?

Has FormI been submitted under proper acknowledgment?

Has esablishment/employer declined to pay in writing?

I was not aware of submission of form I but the office has suggested me to give an application to settle the gratuity dues, which I gave to them. They did not provide any acknowledgement of the said application. They even did not refuse or decline to pay in writing but they are even not coming forward to settle the dues.

No sir, both are different persons. I am Santosh Kumar Rathi replying this.

No sir, When I left, I asked my office to settle my gratuity dues. They told that they will discuss with MD and let me know.  subsequently, when I followed up with the MD, they told that we do not have any application from your side to settle the dues. I then sent an application to them on 18th March 2014 asking them to settle the dues. No acknowledgement to this application was given by them. After that it is only followup with them but of no results. Till this date they have also not declined to settle gratuity dues.

Refer to: Payment of Gratuity Act, 1972 ;2A{(2)(a) (i) (ii)},7

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

Payment of Gratuity Act, 1972 ;

7. Determination of the amount of gratuity.-

(2) As soon as gratuity becomes payable, the employer shall, whether an application referred to in sub-section (1) has been made or not, determine the amount of gratuity and give notice in writing to the person to whom the gratuity is payable and also to the controlling authority specifying the amount of gratuity so determined.

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

If employee has decided to retire from employment by notice of resignation/resignation, then employee can chose date of retirement.

 

THE PAYMENT OF GRATUITY (CENTRAL)

RULES, 1972-1

7. Application for gratuity:

.-(1) 

Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.

https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

Which application was submitted by you?

Was it FormI?

Do you have its POD?

There are many highly illustrated threads on similar query at LCI e.g; 

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

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

You can download FormI, Act, judgments etc etc

Reply point wise, to all points for further discussion...