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Mukundan (Senior Travel counsellor)     12 December 2012

Gratutiy eligibility

Hi Sir,

Very Good Afternoon!

I am working in a Travel Industry and I have worked for a Travel Management Company for the below mentioned period.

Date Of Joining Organization: 01.11.2007

Date Of Relieving in the Organization : 05.10.2012


1.) Since I have not completed 5 years, my company is not willing to pay gratuity amount due to me. As I have gone through different websites, I found a person who has worked 4 years 240 days becomes eligible for gratuity payment, though I didn't find any supporting clause or section. If this is true then I believe I am eligible for gratuity payment.

2.) Can I request your expertise here as I have no knowledge on subject? Am I eligible or not? If yes, can you provide some supporting documents  which I can forward to my company so as they pay my gratuity amount.

 3.) Can  Gratuity  be a part of CTC ??I have read an article stating that read Gratuity  is a gratitude/reward to the employee from employer after the successful completion of 5 years or more in service. Because my Ex Company has included gratuity in my CTC…..i would like to know that as well

4.) Also request you to send me "BARE ACT Gratuity Act" for documentary proof. 

 

 

 

Regards,

K.Mukundan.

  



Learning

 2 Replies

Kumar Doab (FIN)     12 December 2012

It is felt that your inquiry and reply of company is verbal.

It is felt that you have obtained acknowledgment/acceptance of resignation, work experience/service certificate, reliving letter, last salary slip, Form16, PF number, PF accumulation reports/account slip of whole period of employment, NDC/NOC, FNF statement/settlement etc from previous employer.

Without any delay you may submit FormI for payment of gratuity to o/o your appointing authority/MD under proper acknowledgment.

You may attach a covering letter addressed to the good office of your appointing authority, MD, Company Secretary and mention that although you had tendered notice of resignation and thus conveyed your date of retirement to company the company has not disbursed gratuity in FNF statement/settlement and you are submitting FormI for payment of gratuity is enclosed herewith along with a postage prepaid {as purchased from PO} self addressed envelope with postage stamps of Rs……affixed on it for sending the receipt of FormI,  reply to your communications by redg post to you.

You may also submit a copy of FormI with copy of your representation to controlling authority of gratuity at your location, which may be ALC.

FormI is enclosed however you may obtain hard copy from o/o controlling authority of gratuity

 

Section: 2A
Continuous service.

For the purposes of this Act, -

(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;

(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than

 


Attached File : 1008536134 form i gratuity9.pdf, 1008536134 paymentofgratuityact(1).doc, 1008536134 13 13 gratuity 20 20madras 20hc 20judg 5b1 5d 1 .pdf downloaded: 180 times

Adv k . mahesh (advocate)     14 December 2012

herewith Mr Kumar has explained very clearly the section and the application to be made in form 1 to the appointing authority 


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