I am eligible for gratuity or not?

How was your posting effected at Company A and Company B?

If you have resigned from company A and joined company B then you are not be eligible.

If you were deputed transferred from company A to company B then you may be.

If your remuneration is stated in appointment letter as CTC and Gratuity component is shown in CTC sheet you may have a chance for payment of Gratuity in Company A and B.

You may show the transfer/deputation order, appointment letter, and any document pertaining to your matter to a competent and experienced labor consultant, and proceed under expert advice of your lawyer.

agree with Mr Doab

Dear Sir,

I have completed 4 Years 9 Month and 1 day in my last company without any break (leave without pay). My date of joing was 11-09-2008 and date of resignation was 11-06-2013.

Pls confirm i am eligible for gratuity or not , if yes then how can i claim for this.

thanks n regards

Divesh Kumar Kaushal

@ Devesh

If you have rendered uninterrupted service and the Payment of Gratuity Act 1972 is applicable to the establishment, you are eligible.

Did you ever represent to company in person, by phone, in writing?

You may go thru Sec2A,3,4,7……………..

It is felt that company did not issue any notice to you with a copy to Controlling authority……………….

You may claim interest on delayed payment.

Submit FormI as ap by redg. post.

There are many threads on Gratuity at LCI, you may go thru these………….at:

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

e.g;

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

Daer Sir,

i have requested through mail to the company for Gratutity but they are denaying for this, as per that compant HR person (my DOJ -11-09-2008 and DOR- 11-06-2013)

Dear Devesh,

There is no change in the required tenure to eligibility for gratuity under The Payment of Gratuity Act - 1972. As far as decision of Madras High Court is concern that is came only for that particular case. We can not take it for all or the matters which are coming.

Hence in your matter it will not be applicable.

I am contnueing follow up for the same from last 3 months , first they were denaying for 240 working days ( contnuing service - pure working days) then i mail them follow link-----

hence you are requested pls sijjest further action.

regards

devesh

 Learned Mr. Tripathi has helped querists with his valuable advice.

You still stuck with emails.

Submit FormI as ap by redg. post.

This would be the first step.

The Section 2A was inserted in the Act to clarify the applicability and explanation of yearly service. This section is elaborated and illustrious and is self explanatory.

There are many threads on Gratuity at LCI, you may go thru these…………………..
You shall find court judgments. If the need be your lawyer can also provide court judgments to you.

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

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

https://www.lawyersclubindia.com/experts/Gratuity-law-420856.asp#.UlEEvdKAqWM

https://www.lawyersclubindia.com/experts/Applicablity-of-gratuity-427216.asp#.UlQXmtKAqWM

Don’t remain entangled with HR. HR is not an authority and HR does not decide whihc notification is to be issued by govt and wghich section is to be inserted in the Act that is Statue.

If you are not able to handle the matter on your own entrust it to your lawyer.

Dear sir,

li worked in a company for 4 years 7 months and 13 days I.e. 4 years and 227 days in a 6 days working company.

Am I eligible for gratuity payment?

Regards

@ Abhinav,

It is reverted in another thread initiated by you at:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=96933&offset=1#.UvJw4UeBmXU