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Gratuity

(Querist) 03 February 2015 This query is : Resolved 
Completed 4 years 9 months 11 days with MNC.

Sent form I to Organisation for gratuity.
It has been more than 20 days, no response from the company.
planning to send form N to Assistant labor commissioner.


Please confirm if I am eligible for gratuity?

Please confirm if Ass Labor Commissioner decision would be enforceable?
Kumar Doab (Expert) 03 February 2015
Submit final representation addressed to MD,Chairman and mention that you have supplied the FormI.

You have worked for more than 240 days in 5th year.

This position has been discussed in detail in many threads and that employees that sustain .......they succeed.....

e.g.:



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

http://www.lawyersclubindia.com/forum/Gratuity-eligibility-5-years-or-4-years-240-days-111887.asp



You may go thru: Payment of Gratuity Act 1972: Sec;2A,4,7,9


http://labour.gov.in/upload/uploadfiles/files/ActsandRules/SocitySecurity/ThePaymentofGratuityAct1972.pdf



The Sec;9 provides for penalty Rs.20000/, punishment with jail time to ‘ANYONE’ that contravenes the provisions of the Act and avoids to pay Gratuity…….





There are many recent judgments that have explained the eligibility if employee has worked for 190/240 days as per Sec:2A



Jharkhand High Court
Ms Mmtc Mica Division Minerals And ... vs Sri Sajjan Kumar Bhudolia And Ors on 22 April, 2014

http://indiankanoon.org/doc/92838295/

11. As per Section 2(c), "continuous service" means continuous service as defined in Section 2-A. Under sub-clause (1) of section 2-A of the Act, a person shall be said to be in continuous service if he has been in uninterrupted service. The gist of sub-clause (1) is that if he was "an employee" the interruptions created by sickness, accident, leave, absence from duty without leave, lay-off, strike or lock-out or cessation of work not due to any fault of the employee are not to be treated as creating any interruptions. Sub-clause(2) deals with a different situation where the employment is not continuous as specified in section 2-A(1), but there are interruptions. According to Section 2-A(2)(a)(ii), if an employee renders continuous service for a period of 240 days in a year he will be deemed to have continued in service for one year. This deeming provision contained in Section 2-A must be applied interpreting the period of five years mentioned in Section 4(1).

Rajendra K Goyal (Expert) 04 February 2015
You should wait for some more time till decision from the company is received. You may send reminders to the company.
Guest (Expert) 04 February 2015
Rightly advised by Shri Kumar Doab.
T. Kalaiselvan, Advocate (Expert) 04 February 2015
I go by the experts views on the subject. Wait for the reply from company.


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