The HR of the establishment can confirm the views of the establishment in your case.

Employee that has submitted notice of resignation has communicated date of retirement from company and can submit FormI 30 days before expiry of notice/date of retirement/last day in office………………………….

If you wish you can submit  FormI and obtain reply of the company

All approved leaves, holidays/offs should be counted in regular service.

THE PAYMENT OF GRATUITY (CENTRAL)

RULES, 1972

7. Application for gratuity:   ……………………………………

 Provided that where the date of superannuation or retirement of an employee is known, the employee may apply to the employer before thirty days of the date of superannuation or retirement.

Payment of Gratuity Act, 1972

Section: 2A: Continuous service.

For the purposes of this Act, -

(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service, including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave (not being absence in respect of which an order [***] treating the absence as break in service has been passed in accordance with the standing order, rules or regulations governing the employees of the establishment), lay off, strike or a lock-out or cessation of work not due to any fault of the employee, whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act.

2 (a) (i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii), b (i) (ii) 

Hi,

Thank you for your reply . I understand that I am eligible for the gratuity as on the date of last day so will apply for form 1 to the HR one month before I leave the organization. 

Where I can download Form 1 and can you provide me the link ?

Thank You

Prasan

The Act, rules, forms, formats should be displayed by employer.

The complete Act rules, forms, formats should be made available by employer or the designated official in HR.

The Act, rules, forms, formats; FormI should be available at Dept. of Labor website of the state govt., Central govt……………….          and in their office(s) and can also be bought from market.

You may download complete record of attendance, leaves; approvals of leaves, list of offs, holidays, approval or instructions to work from home and keep copies………………..

It is not understood if you have worked from home then how come it is treated as leave?

What is WORK FROM HOME leaves and is it stated in leave policy of the company?

Has it caused any break in service or was any order passed treating it as Interruption   in service?

You should also visit a competent and experienced labor consultant/service lawyer at your location with copies of all relevant docs, give inputs in person, and seek expert advice of your lawyer.

The lawyer that has seen all of your documents and has analyzed your inputs can advice you best.

 Although a soft copy of FormI is attached you may check and confirm from your HR and o/o DLC-Gratuity at your location. The o/o Labor Commissioner at your location can also guide you in the matter.

In case the opinion of the lawyer is that you may extend the date of leaving you may do so.

You may proceed as deemed fit at your end.