Need help on gratuity clarification

Payment of Gratuity Act 1972: Sec2A: 2(a) (i) (ii);

If the establishment works for 5 days/week or 6 days /week and if the employee has worked for 190/240 days in 5^th year he should be eligible.

You may submit in writing preferably by letter thru Redg. Post addressed to appointing authority, MD that Notice of Determination of Gratuity was not supplied to you despite your representations in office/by email/in person/by letter etc on dated…………………………to Mr/Ms………………….designation…………….name of company……address……………………and FormI is attached.

There are many threads on similar query at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U0ZOTEeBmXU

e.g;

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U0ZOfEeBmXU

Dear Sir/ Madam

                         A warm greetings. I had some professional queries regarding my gratuity. Please clarify me my doubt.

                        I was working at an private ltd firm from 27/11/2007  to   28/2/14 . I have completed 6 years and 3 months of service in this firm. I resigned my job and gave 4 days prior notice. My company says, I am supposed to give 1 month prior notice. How will it effect my settlement? My basic payment was 8000 and D.A was 2549. How should I calculate the gratuity amount.I   wanted to know, whether my gratuity will be calculated for 6 years and 3 months or only 6 years? . And secondly what else will be added to complete my full settlement. I would appreciate if you could calculate the entire amount help me out in the same. 

                           Hoping to get the answer as soon as possible.  

Thank you

Mr. M.Jesudass

jesudass@in.com                 .  

What is this establishment: Industrial, Commercial or Small Enterprise?

The registration certificate might have been displayed in your office.

You and redg. Office of the establishment is located in which state?

Has the company issued any appointment letter, PF number, PF a/c slips, ESIC card, to you?

Has your service been confirmed in writing?

A similar query is discussed at another thread at:

https://www.lawyersclubindia.com/forum/Full-and-final-settlement-100724.asp#.U0og_UeBmXU

https://www.lawyersclubindia.com/forum/Employee-left-without-notice-period-how-to-releive--100709.asp#.U0okzUeBmXU

https://www.lawyersclubindia.com/experts/Relieving-letter-withheld-464921.asp#.U0olyEeBmXU

Payment of Gratuity Act, 1972

Sec:1:(3) (b) (c) (3A), Sec2A (b) (i) (ii) ,4,7

Formulae for calculation of Gratuity: (Basic+DA)/26*15* NO. of years of service

(Basic+DA) shall be as per Last drawn salary

You may count tenure as 6 year.

The notice period/pay (as part of service conditions) is stated in standing orders (model/certified) applicable to the establishment and extended to the designation of employee.

As the employer may disburse Bonus, OT, Gratuity, Leave Encashment @ Basic+DA therefore notice pay may be adjusted in your case @ Basic+DA…………