Gratuity denial
Debasis
(Querist) 24 December 2014
This query is : Resolved
I have been employed in an IT firm in Kolkata from 2000 till date when the firm has now closed down in Nov 2014. I have not yet received any official intimation though. This firm had a staff strength of 12 persons, out of whom only 2(me and the peon) were on payroll and rest on contract basis.
Verbally,company says I would not get gratuity.
My question is whether I can claim gratuity when most of the staff was on contract and only I and the peon were on the payroll ? If yes, how should I proceed ?
Thanks in advance.
Debasis
Kumar Doab
(Expert) 24 December 2014
If The establishment employed 10 employees on or before your DOJ and you have worked for 190/240 days in 5th year you may succeed.
Submit FormI under proper acknowledgment.
ajay sethi
(Expert) 24 December 2014
agree with Mr kumar
Dr J C Vashista
(Expert) 25 December 2014
Very well advised by expert Mr. Kumar Doab, I agree.
prabhakar singh
(Expert) 25 December 2014
The term “employee” is defined in Section 2(e) of the Act as any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;’.
Debasis
(Querist) 26 December 2014
I do not have a proof of the number of employees before or on my DOJ. What should I do to claim gratuity, in case the employer refuses to release it ?
Devajyoti Barman
(Expert) 26 December 2014
AGEE WITH EXPERTS..DO AS ADVISED ABOVE.
Devajyoti Barman
(Expert) 26 December 2014
If you are a non white collar employment then you can lodge complaint with Labour Commissioner as well.
Debasis
(Querist) 26 December 2014
Apologies me experts, but none of your valuable advice clears the air for me.
nonwhite collar--I dont know what it means.
Please advise on what steps I should take if my company refuses to release gratuity to me after 14 years of service, that is IF I am at all eligible.
Pardon me for my ignorance.
Dr J C Vashista
(Expert) 27 December 2014
The term "non-white-collar" denotes that you are a "worman" as defined in section 2 of the "Industrial Disputes Act", i.e., neither in clerical, supervisory or managerial etc. appointment.
Rest of the knowledge may be gained after joining a law college.
Issue a legal notice through your lawyer for payment of gratuity and follow his advise/guidence since you have sufficiently been advised by the experts, no room left except to drag this thread unnecessarily.
T. Kalaiselvan, Advocate
(Expert) 27 December 2014
Issue a legal demand notice to your employer, see his reply and ten decide further course of action in this regard.
