Gratuity Eligibility

If the company is covered by the Payment of Gartuity Act you should be eligible.

If the Act applies to the company, you are eligible.

Refer to ; Payment of Gratuity Act,1972;1,2A,4,7

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

You have worked for;4Y08M21D

If the Act is applicable to the company then you are eligible.

You may write to employer, under proper acknowledgment that ‘Notice of Determination of Gratuity, and payment and any requisite forms have not been supplied to you and be supplied ASAP, by Registered Post from post office.

If the establishment does not pay within 30days from LWD the employer is liable to pay interest @ 10%pa for the delayed period.

Who has confirmed to you from company that you are not eligible?

Is declinature communicated to you in writing?

Mr. Kumar Doab is right.

HR is not lawmaker.

If your bosses have made HR the person to process the claims then HR must know right way of processing the claims and tell the right way to bosses.

You may write to owner as suggested.

Mr. Kumar Doab has provided the correct details to you.

Don't agree with HR person and write to MD.

Don’t address us with suffix @..............while we are responding and helping you in your query.

Address as Mr/Shri…………………………

Write to good offices of appointing authority/MD/CEO under proper acknowledgment 

Did you go thru the sections already posted?

e.g; 2A 

sub sections (2a) (i) (ii)

Resolve the matter by your own skills or take help of IT/ITeS employees unions and or trade unions with whom these are affiliated…………..

Many employees succeed by their own skills or with support.

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

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

from which you can pick up even case laws that can help you….

Or approach Controlling Authority of Gratuity as provided for in the Act……..

Go thru;

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972-1

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