Gratuity claim

had have you recevied the acknoqledgement receipt 

Dear Rajesh, First of all employer cannot withhold gratuity on any ground whatsoever and which so ever. You have raised your claim now you have to send legal demand notice and thereafter you have to file claim before the appropriate authority. and you are entitled for gratuity with interest from the date of due till realization. For any kind of query, you can freely contact me on my mail id or mobile no. Rajiv Bhasin Advocate bhasin.laws@yahoo.com 9811210505

Dear,

You have to personally intract with your old co., and you have to submitt your Gratuity application thereafter give at least one month time to finalize their requirement.  If still they are not release your Gratuity payment then you can send a legal demnad notice.

After service of demand notice either they will release your gra. payment or you have other option to file the case before appropriate authority.

advocate.praveen@hotmail.com

9818147274

regards

 

As you have submitted FormI now you are not at any fault.

However kindly note that the record of speed post is maintained by PO for 3 months only. Therefore you may not rely upon internet tracking and apply for POD by affixing postage stamps of Rs.10/ on written application and attach copy of receipt of speed post and obtain certified copy of run sheet of post man.

Section: 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 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.

(3A) If the amount of gratuity payable under sub-section (3) is not paid by the employer within the period specified in sub-section (3), the employer shall pay, from the date on which the gratuity becomes payable to the date on which it is paid, simple interest at such rate, not exceeding the rate notified by the Central Government from time to time for repayment of long-term deposits, as that Government may, by notification specify:

( It is felt that the interest is simple @10%/pa)

You may mention that if any communication is to be sent it must be sent by redg. post only and if company instructs in writing you are willing to supply postage prepaid self addressed envelope for sending redg. post to you.

I joined my current organization on 5th June'08. My last working day will be 8th May'13. Will i be eligible to claim my gratuity amount? Please help -

You are eligible. Submit FormI by redg. post, and obtain POD from PO as explained above. If you are apprehensive about intentions of employer you may submit one copy by hand also under proper acknowledgment.

FormI is attached.However you may obtain the latest version from HO of compnay or Contrlolling Authority of Gratuity (DLC) at yur location.

 

You may refer to:      

Section: 2A
Continuous service.

For the purposes of this Act, -

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.

 

2.(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

Thank you so much, Sir, for the reply. But, my company HR has told me that I am not eligible for gratuity as I am short of 1 month to complete 5 years to claim gratuity. By 8th may, which is my last working day, I will be completing 4 years & 11 months. So what should I do now? please help.

 

@Inakshi,

Submit FormI under proper acknowledgment.

There are many threads at LCI on similar issues regarding Gratuity at:

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UXrEe5indTs

e.g.

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UXrEe5indTs

 

You can download relevant citations also.

Don't limit your representations to Hr only and escalate to MD, appointing authority.

In case they also do not provide relied, you may approach a competent and experienced labor consultant/service lawyer.