Gratuity paying norms

First it has to be examined whether the organization in which you were working has employed more than 10 employees.  Only then the payment of gratuity Act would be applicable to that organization.

If that condition is satisfied, yes, you are eligible for Gratuity.

Thanks for the reply.

Yes, when I joined the organization 5 years back It had 15 employees in total and now it has 150+ employees.

Please make an application to the employer  in Form 'I' .

You can get the forms from the following link:  https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

The entire Rule and procedure is also given in the above link.

Take steps as stated in the rules.

What is this establishment; Govt, Private..

Do you have copy of PF, Gratuity Rules applicable to establishment?

You are teaching, Non teaching staff?

Apparently ; You are not  employed with same establishment?

If yes; post link or attach..

 Erase all names etc to maintain confidentiality.

Assuming that  Payment of Gratuity Act is applicable to such establishment in which you are working

GO thru

Payment of Gratuity Act, 1972;1,2A

https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf

and check if your establishment is covered and you are eligible..

As per info posted by you If Act applies to establishment, you should be eligible..

You may also go thru simple to understand:

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972

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

and simple to understand  Rules by your state e.g;

The Payment of Gratuity (Maharashtra) Rules, 1972

https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

Perspectives;

Employer can pay Gratuity on LWD with FnF..

 Employee can submit letter to pay Gratuity 30days before LWD..

Still; You are  closest to the facts and nature of establishment and bosses and HR personnel you are working with……….

And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied…

If employer does not pay within 30days from LWD IT has to tender interest @10%pa…