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Vinod (Manager)     20 March 2012

Full and final settlement

Dear Sir

I served an Enginnering College Guru Tegh Bahadur Institute for 7 years 11 Months and 15 Days. I was releaved in November,but till date the Admin department is not able to calulate the eligible service for Gratuity. If there is some separate rulle for Private Organizations; as this was private Engineering College under GGSIPU Unversity Delhi. Please let me know if any rule is there for Privat organisations



Learning

 2 Replies

Kumar Doab (FIN)     20 March 2012

If you rendered unintrupted service for this period and you were not an apprentice as per Apprentice Act, you have not been chrged for having caused any loss, you are eligible for gratuity.

If you are eleigible you may submit a gentle representation addressed to the good offices of your appointing authority, Head-HR, Chairman and mention all representations ( give details e.g. date, name/designation/department of personnel contacted by you by email,letter,in person and if on phone you may mention phone number from which call was made and at which call was made and retain phoen bills), and point out that gratuity should have been paid vise your  FNF statement and settlement, and request the intervention of good offices to supply you the payment by bank DD only thru regd post only so as to reach you say within next 7 days. You may mention that a self addressed, postage prepaid redg. psot cover ( as purchased from post office) is enclosed herewith.

7. Application for gratuity.-(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer:

      17. Direction for payment of gratuity.-If a finding is recorded under sub-rule (4) of rule 11 that the applicant is entitled to payment of gratuity under the Act, the controlling authority shall issue a notice to the employer concerned in Form 'R' specifying the amount payable and directing payment thereof to the applicant under intimation to the controlling authority within thirty days from the date of the receipt of the notice by the employer. A copy of the notice shall be endorsed to the applicant employee, nominee or legal heir, as the case may be.

Section: 7
Determination of the amount of gratuity.

(1) A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such 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 gratuity so determined.

(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.

(4)

(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.

Apparently your employer has defaulted on its duty. However you may grant an opportunity thru good offices and thus build written record also in your favor. You may avoid telephonic conversations. You may record ( audio/visual) all transactions.

Kindly go thru the attachments.

If you are not able to hanlde the matter/employer's tantrums, you may approach a competent and experienced service lawyer and your lawyer shall handle the matter while you can focus on your business and career.

 

Kumar Doab (FIN)     20 March 2012

Please find the attachments enclosed herewith.


Attached File : 998753061 735419210 rulesofpaymentofgratuity(3).doc, 998753061 paymentofgratuityact(1).doc downloaded: 74 times

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