Gratuity clearity for 4 years 9 month service
Devesh
(Querist) 11 April 2014
This query is : Resolved
Dear Sir/Madam,
My self Divesh Kumar , i have left my servicein well reputed pvt. ltd. company after 4 year 9 month and 1 day continue service. I am claiming for gratuity but company is denaying for this.I am continue follow up with them through mail from last 6 months. They required Gazette notification for claiming gratuity, hence you are requested pls clear this matter that am i eligible for gratuity or not , if yes , then pls provide gazette notification.
Pls support
regards
divesh
Guest
(Expert) 11 April 2014
Since you have rendered service more than 4 years and 240 days, you are eligible for gratuity under the provisions of sec. 2A(2)(a)(ii) of the Payment of Gratuity Act, 1972. No separate Gazette notification is necessary in view of the legal provisions of the Act. You may attract the attention of the company management towards Section 2A of the Payment of Gratuity Act, 1972.
Devesh
(Querist) 11 April 2014
Dear Sir,
Thanks for your reply . pls provide provision of sec2A(2)(a)(ii) so that i can clain for gratuity.
regards
divesh
Guest
(Expert) 11 April 2014
Already sent in reply to your email.
Sudhir Kumar, Advocate
(Expert) 11 April 2014
repeated
http://www.lawyersclubindia.com/experts/Gratuity-clearity-for-4-year-9-month-465671.asp#.U0gBQqI1g48
Kumar Doab
(Expert) 11 April 2014
You may submit in writing preferably by letter thru Redg. Post addressed to appointing authority, MD that Notice of Determination of Gratuity was not supplied to you despite your representations in office/by email/in person/by letter etc on dated…………………………to Mr/Ms………………….designation…………….name of company……address……………………and FormI is attached.
There are many threads on similar query at:
http://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U0ZOTEeBmXU
e.g;
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U0ZOfEeBmXU
You can download the judgments’, Act…………….and gain from detailed discussion.
The Supreme Court of India judgment quoted is of year 1980…………….. ……………and you may go thru the commentary.
The Sec 2A was inserted in the Payment of Gratuity Act in year 1984.
The Sec2A is self explanatory and does not leave anything to speculations.
