Gratuity is eligible in 4.8 years ?

If the establishment works for 6days/less than 6days per week and employee has worked for 240/190 days in year (off days/holidays etc included) then employee is eligible.

If the leave application  ( e.g; Maternity Leave) and leave was approved then there should not be any intruption in continuous service.

The employer has to supply the Notice of Determination of Gratuity and payment of gratuity within 30 days from LWD, even if there is no application by employer..........................OR interest @ 10%pa shall have to be paid to employee.

Let this HR personnel reply in writing whatever he/she wants to reply.

In case of any issues you may come back in this thread or by PM.

Hello,

I need clarity on Gratuity Act. I was working with organization for around 5.7yr. Out of this 1 year was on contract & rest 4.7yr, 6 days was on roll. Employee no through out was same. My organization works for 5 days a weeks. 

My Employeer verbally communicted that 4.7 yr eligibility is only granted for Chennai, as this was approved in Madras high court. Kindly suggest am i eligible or not ? If yes, to whome should I approach to get my Gratuity.

Thanks In Advance.

Thanks fro replying , please check the below HR reply 

Judgements are passed by honourable courts in reference to a context & are circumstantial & may not apply universally. Hence, full view of the judgement is a must.

please suggest 

@ Seema,

What did you write to which HR posted thr reply posted above by you in your last post?

"please check the below HR reply 

Judgements are passed by honourable courts in reference to a context & are circumstantial & may not apply universally. Hence, full view of the judgement is a must."

Who asked you to quote any judgment to HR personnel?

@ Prath,

Even a contractual employee may be eligible for Gratuity and it may be possible to fasten the responsibility on Principle Employer.

Since the Emp. Code was same apparently  without any break you were absorbed in regular employment.

Your employer is NO ONE and NOBODY to decide, opine, profess, notion adn state verbally or in writing that decision by a High Court ( Chennai) is applicable in its jurisdiction state ( Chennai ) only.

Who asked you to quote  High Court ( Chennai)  judgment to employer?

@Kumar,

I have not quoted high court (Chennai) judgment to employeer, I claimed 4.7 year is applicable for getting gratuity as what I read through diff forums, reply to that they have come up saying 4.7 is applicable for Chennai only. Also from last year they have included gratuity as part of my CTC.

Please guide me how can I get my gratuity amount.

@ Prath,

1. There is no need and requirement ot quote any judgment as Payment of Gartuity Act 1972 is statue and as provided for by Sec;2A:::: and already posted "If the establishment works for 6days/less than 6days per week and employee has worked for 240/190 days in year (off days/holidays etc included) then employee is eligible."

2. Moresoover A judgmernt on a central govt. enactment by a HC is valid throughout in the territory of India.

Submit under proper acknowledgment of course ( By Redg. post, followed by email attaching the scanned copies and also tracking report from India Post website....................If required obtain certified copy of run sheet of postman from PO) , FormI  with a covering letter narrating all previous reprsentations (mention names/dates/brief minutes) and conclude that the Notice of Determination of Gratuity and payment of gratuity was n ot supplied within within 30 days from LWD, and rather Mr/ Ms............................stated that..................

3. Gratuity is wiothout any cost to employee. It has been discussed in many threads at LCI that you can search in the search option on right hand side of this webpage e.g;

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

The practise may get termed as termed minor fraud, unfair.

If you are unable to resolve on your own lean on a very able counsel specializing in labor -service matters.

@ Prath,

You seem to have a good case.

Finally the counsel that has examined all docs and inputs on record can opine the best.

Rest is upto you.

Hi Kumar ,

Could you please provide me in brief about this

Who asked you to quote any judgment to HR personnel?

also please reply I am eligible or not .

Thanks in advance

Regards,

Seema

@ Seema,

In my 1st post itself it has ben posted that you should be eligible.

Did you quote any judgment to HR?

Why did HR quote the judgment to you?

Is reply of HR in writing?

Hello Kumar 

Thanks for reply, as per my disuccion with HR they told me you are not eligible, could you please tell me what i do or should i claim for that .

Regards,

Seema 

Is the reply of HR in writing?

Did you ask in writing?

@Kumar 

Yes ,By mail they replying me vbefore completion of 5 years you are not eligible.

Regards,

Seema