Gratuity eligibility

Dear Sir, Kindly let me know  a person retired from certral govt during 2005 and under trial of 498 case till now. His gratuity held up for this. Can he eligiable to claim/draw it now before finalisation of case 498 ?

You have posted that; "he worked in this company as trainee from June 2006 to Feb 2008, they gave the confirmation order only on 1st March 2008".

 

How was he enagaged from June 2006 to Feb 2008? By appointment letter/apprenticeship contract?

 

What was he paid salary or stipend?

Was any salry slip not issued for June 2006 to Feb 2008?

How was the remuneration paid?

Did he work as regular employee and fetch revenue/profits for employer?

 

 

 

 

@ Upendra Prasad Rath,

Has the Gratuity payment been withheld by a speaking order?

Do yu have copy of Gratuity Rules of the employer?

In the meantime you may go thru:

 

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp
 

 

and come back for any more poits and details.

Kumar Doab Sir! Thanks for your kind response for my query. My friend joined the job under a letter gave by the company's zonal head, now he missed that letter copy. He was paid only a fixed salary, no esi or pf. But he received a service certificate from the regional office that he was worked in that company from june 2006 to march 2012 at the time of his resignation. Can he claim his gratuity with this service certificate proof?. Suppose he is eligibility for gratuity can he claim now i.e., after 3 and half years in delay?

This may suffice.

 

You have not answered al points, pointwise!

 

The delay may be condoned.

 

Kumar Doab Sir! here is my point wise answer for your queries.

He was paid a fixed salary ony.

No Salary slips issued from June2006 to Feb2008.

Get the salary by signing in a note maintained by the divisional office  accounts section where he is posted for the job.

He worked as a regular employee without a confirmation order from June 2006 to Feb2008.

He worked for the profit for the employer.

Kumar Doab Sir! Kindly guide how to move to get the gratuity now?

 

 

If he was not apprentice then he may be eligible.

 

-----Payment of Gratuity Act: Section: 2

 (e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment,

 

You have posted that:

“He worked as a regular employee without a confirmation order from June 2006 to Feb2008.

He worked for the profit for the employer.”

 

That means the word trainee only represents a status in the company and is actually doing the work of a regular employee.

Trainees other than apprentices engaged following the provisions of the Apprentice Act have the status of employees.

The period of training may be considered as period during which he has worked and contributed towards revenue of the company.

 

----If the need be to condone the delay you may rely upon Landmark Punjab and Haryana High court judgment:


Senior Superintendent of Post Offices. Hoshiarpur Division, Hoshiarpur
……PETTIONER
Versus
Shri Avtar Singh and others
……RESPONDENTS

https://ruralpostalemployees.blogspot.in/2009/08/landmark-judgment-of-honble-high-court.html

 

You may show all docs on record an able Labor Law Consultant/Service matters Lawyer and spend quality time with your counsel. Your counsel that has examined all docs on record can advice you the best.

Don’t act in haste.

Thank you Kumar Doab sir!

 

You are welcome.