Dear Sir

I served a private engineering college under GGSIPU university Delhi. I served there for 7 years 11 Months and 15 days, but uptill today i have not received my full and final payment like gratuity and PF. The authoritis are saying, i am not eligible for gratuity. I have came to know about this through verbal communication. I want to know my eligibility for the Gratuity and how to get it legally. Please guide

find out the things from the contract letter and the relevant rules governing your job.

In case the same are not available to you then you may ask for the same under the Right to Information Act.

As adviced by Mr. Kiran Kumar kindly go thru your letter of appointment and service rules.

You may not accept verbal communications from your employer. You may submit a gentle representation in writing under acknowledgment and ask to supply you the payment and accumulation reports and otherwise the concerned rules vide which you are not eligible to get the payment.

Were you an apprentice? In all probabilities you were not. Apprentice is approved by state govt.

Payment of Gratuity Act, 1972 Section 2(e) : “employee” means any persons (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’.

http://www.epfindia.com/class_industries.htm

Classes of Industries covered under EPF & MP Act, 1952

You may visit the local PF office and check with them. They maintain copies of all notifications, amendments and the staff is usually happy to guide.

If your employer does not grant relief you have the option of lodging complaint with  O/o Labor Commissioner, PF commissioner, Statutory authority got Gratuity which may be ALC/DLC in your case.

Dear ,

 Your eligibility for the Gratuity is alive and payable by the Engineering college. Approach Labour commissioner of your city with an copy of complaint.  Secondly please check your PF record on line. On your montly salary slip,please check your PF number. Search your PF detail on line with the respective PF office of your city/State.