Gratuity

You have posted that:

>>> “I’m joined company 1 st aug.2007 (soft feel) after six month i leave company for pregnancy than i join 26 April 2009”

Was your leave till joining on 26 April 2009 approved?

The Maternity Leave and any approved leave is counted in period of service.

Have you been issued any appointment letter, I.Card, salary slip, PF number and a/c slips, ESIC card, approval of leave, payment of Maternity benefits by M/s soft feel?

Were all employees of M/s soft feel made to resign and join M/s concept home textiles pvt.ltd?

Or Has M/s concept home textiles pvt.ltd taken over M/s soft feel with stock, flock and barrel and all liablities?

Did M/s soft feel  and M/s concept home textiles pvt.ltd issue any circular/communication on type/kind of transaction and transition from M/s soft feel  to concept home textiles pvt.ltd?

OR

Was it just a change of name of company?

Does M/s concept home textiles pvt.ltd issue salary slip and what is date of joining stated in it?

Has it issued any new appointment letter, I.Card, salary slip, PF number and a/c slips, ESIC card to you and rest of the employees?

>>> “ i hospitalised in 13th nov.2013 for 12 days. Company appoint new person behalf of me in December 2013.i leave job.”

Assuming that your association with M/s concept home textiles pvt.ltd was a new appointment  w.e.f. 26 April 2009 and this is DOJ and DOL is some date in Dec13 then you may count 4Y fron DOJ and;

 --If the estabslihment is working 5 days/week and you have worked for 190 days in 5^th year you should be eligible.

-- If the estabslihment is working 6 days/week and you have worked for 240 days in 5^th year you should be eligible.

>>> “please advise i m claim for gratuity.”

If the association with employer is from 1 st aug.2007 and leave is approved then you are certainly eligible.

If the association with employer is not from 1 st aug.2007 , but is from  26 April 2009 and If you have completed 190/240 days in 5^th year then you are eligible.

The employer should supply notice of Determination of Gratuity on its own to eligible employee and pay Gratuity within 1 month.

You may submit a covering letter preferably by redg. Post addressed to appointing authority,stating that you have not received notice of Determination of Gratuity, and,  it alongwith payment certificate released by LIC ( or any other FI from whom Compulsory Insurance for Gratuity was obtained) showing amount of Gratuity paid from your Gratuity a/c for you, be suplied to you by Redg. Post only  and that FormI is attached herewith.

You may submit FormI from 1 st aug.2007 till Dec13 and let employer state what is its reply?

or

If you are clear on facts then You may submit FormI from 26 April 2009 till Dec13 and let employer state what is its reply?

It shall be appropriate to  proceed under  expert advice of a labor consultant/service lawyer.

The lawyer that has seen all of your docs, records and has analysed your inputs can advice you the best.

There are many threads on Gratuity at LCI, you may go thru these………….at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UiihKNKAqWM

e.g;

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

https://www.lawyersclubindia.com/experts/Gratuity-law-420856.asp#.UkmWjdKAqWM

https://www.lawyersclubindia.com/forum/Clarification-on-clause-2-of-payment-of-gratuity-act-1972-93494.asp#.Uu9m40eBmXU