Piush shukla 21 October 2018
dr g balakrishnan (advocate/counsel supreme court) 21 October 2018
sorry sir, u r short of 105 days ,unless the company condones, again it cannot get tax exemption under gratuity payments. unless you complete full five years under that act it is indeed impossible unless theMNC is willing to condone and accept tax liability so no point moving court just appesl to the company board of management is my advice. tks
Piush shukla 21 October 2018
G.L.N. Prasad (Retired employee.) 21 October 2018
Because your gratuity is pending, and as you have claimed though not legally entitled under the Act, everything has come to stand still.
Please decide on gratuity, and then if you still insist for gratuity abide by their decision. If you do not want gratuity, you may send a registered letter to them that holding other benefits are not legally proper and justified and request them to take action as per laid down norms on providing relieving certificate and other formalities.
(There is no such thing that because gratuity amount is pending, all other matters can be postponed on this lame reason)
Piush shukla 21 October 2018
G.L.N. Prasad (Retired employee.) 21 October 2018
You need no worry as reputed employers can not resort to such cheap tactics. Please do not assume such things and never seed fears in your hearty, there is no danger from them.
P. Venu (Advocate) 21 October 2018
Though the qualifying period for eligibility for gratuity is 5 years, some High Courts have held that who have completed 240 days service in the 5th year are eligible. You may escalte the issue on this basis, if so advised.
Other issues have no nexus to other issues. The company is expected to settle the issues in accordance with the extant norms.
Piush shukla 21 October 2018