Gratuity eligibility

Hello,

An employee, who is eligible for gratuity and is not paid by the employer, can file his claim before the Authority appointed under the Payment of Gratuity Act. Be it made clear that if an establishment has its branches in more than one State the competent authority will be one as appointed under the Central Government. Where the establishment has no branches in other States then the authority appointed in that particular State will be competent to entertain the application for payment of gratuity. In one case the question arose whether the authority appointed by the Central Government or the State Government will be competent to enter¬tain the application for gratuity? The facts of the case revealed that the management has been a separate independent unit and not a branch of another unit in another State. It has been held that the competent controlling authority in the instant case will be the officer appointed by the State Government and not the Officer appointed by the Central Government.

Shruthi

Other thread:

https://www.lawyersclubindia.com/forum/details.asp?mod_id=28768&offset=16#.VAcvXdeSwb8

is very comprehensive.

https://www.lawyersclubindia.com/forum/details.asp?mod_id=100837&offset=1#.VAcvodeSwb8

you have posted that you had signed a BOND. Perhaps BOND is the reason for such response of the company.

However Gratuity can not be forfeited as per matter posted by you above and in current thread hence the company is applying tactics…………….  

1.        Why a reference to third party vendor is made? Were you employee of vendor? The gratuity is to be paid by your employer.

2.        The employer can not choose which section of which Act/statue/instrument of law shall apply to it. The employer is servant to the law of the land and has to adhere to the laws/rules/enactments applicable to it. As per Act if establishment works 5days/week the employee (in all establishments to which the Act applies) that has worked for 190days in a year is deemed to have worked for 1 year and shall qualify for eligibility of the gratuity. You may draw the attention to Sec:9 and word ‘Whoever’ and provisions for penalty, punishment, with imprisonment in the section…………….

 

3.        If you are not able to handle the matter on your own approach your Labor consultant/service lawyer and proceed under expert advice of your lawyer………………………………………..and if required approach Controlling Authority of Gratuity……………….of appropriate govt as applicable in your case.

Thanks Shruthi & Kumar for the prompt response and advice. Regarding the bond, this is not applicable now, else they would have requested to pay while releiving and I would have paid since my new company was ready to bear all the cost. I stay in Bangalore and I have no idea where to find a labour consultant for filing a petition. Our company has branches in five to six states in India. Whom should I contact in this case.. They never shared the mail from third party vendor to me. The third party vendor is an outside consultant for gratuity related disputes arising in our company. Whenever such queries was raised in past by former colleagues they always denied and I thought of taking up this further. Yesterday I got a call from them that they are working with legal team to look into the clause since the third party vendor had denied. And will take couple of weeks for resolution. I am getting frustrated because this discission is going on for more than a month and still keeping my reply on hold. Once again Thank you so much for further advice..

Suppose A is an employee of a Company and after completing of 22 years service, the Employee was suspended by the Company on 1.1.2009 due to dispute. The superannuation age of A is 1.1.2015.A did not come to office during his suspension i.e. 1.1.2009 to 1.1.2015. Whether Gratuity shall be payable to A is upto 1.1.2009 or 1.1.2015.

If the suspension was revoked the salary for the period is to be paid and thus period of suspension may be counted for Gratuity.

If as a result of inquiry the employee was terminated then the speaking order should rule how the period of suspension would be treated for salary and thus Gratuity...............and if discharged then employee may get salary and thus Gratuity..........

The employee may also get Gratuity @ wages before being placed under suspension..

Was any order passed?

You may find the following thread and judgments  in the thread and another judgement useful::

 

https://www.lawyersclubindia.com/forum/P-f-gratuity-90740.asp

 

 

 

https://indiankanoon.org/doc/162682714/

 

 

You may show all docs on record to an able labor law Consultant/Service lawyer, in person......