Meenakshi Verma (Executive) 11 May 2013

Company deined for gratuity

I had joined korus Engg, Netaji Subhash Park, New Delhi on 19-Dec-2007. I had given resignation on 20-May-2011 and same has been accepted by Directors but the same time they also offered me that I can continue my job anytime. Keep this things in mind I didn’t settle full& final with company. After 4 month on 12-Sep-2010 I rejoined the same company on same profile. At that time I hadn’t received any joining letter and provide same employee Id. Due to long leave, management forced me to put my papers and then I had given my resignation on 12-Jan-2013. Now I have completed 5 yrs in company. At the time of full & final Salary settlement I request for Gratuity but company denied for Gratuity due to 4 months break in job continuation.

Can I file a case in Labour court against company for gratuity ? Please advise.

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2 Replies

Kumar Doab (FIN) 11 May 2013

The company has your resignation in its custody.

If your resignation was not accepted and upon rejoining if your service was regularized without any break in service, you may have a chance.

If company allowed you to rejoin by stating in writing that your rejoining is by continuation on appointment letter dated………..issued to you (previously), and if PF a/c was kept regularized, or pay slip showed same DOJ as per first appointment you may still be able to rake up the issue.

It shall be better to show all your docs in person to a competent and experienced labor consultant/service lawyer.

Otherwise there is a clear interruption in service and you may not have uninterrupted service as per Sec 2A of Payment of Gratuity Act 1972, for 4 years and 190/240 days as per Sec 2A : 2 (a) (i), (ii).

For pending FNF settlement of first and second tenure of service you may take up the matter in writing with company, within 3 years from Date of leaving.

If your remuneration is stated on CTC basis in appointment letter and CTC sheet shows component of Gratuity you may be able to rake up the issue for first tenure of service.

Kumar Doab (FIN) 12 May 2013

Kindly follow the advice of Mr. Gabriel in another thread initiated by you at following link and approach controlling authority of Gratuity which might be DLC in o/o Labor commissioner at your location;

https://www.lawyersclubindia.com/forum/Gratuity-eligibility-80519.asp#.UY9w86KAqWM