This query is : Resolved 

Querist : Anonymous (Querist)
25 April 2011

Dear Sir

I joined my service on 28/4/2006 on five year contract.

My service contract says that

First Year : You will be paid a fixed amount of 16000 for first year.

Second year onwards: You will be given the pay scale of 10750-16750 in E-1 grade and will be entitaled for all the facilities equivelant to E-1 Grade like LTA, HRA, DA, Gratuity etc.

Now I have resigned on 10/3/2011. My pay scale on resignation was 20600-46500 (revised as per Pay commission recomandations)and basic sallary was 22520.

I applied for Gratuity but my employer says that I am not eligible for payment of gratuity as my service contract says that I will be eligible for Gratuity from second year onwards.
They are not counting the first year of my service for the perpous of gratuity so it makes my total continuous service equal to 4 years and hence I am not eligible for the same.

The contract was of 5 years only.

Please advise what to do and if I am eligible for gratuity where should I apply.

Isaac Gabriel (Expert)
22 December 2011

You are entitled for Gratuity if the service was continuous.You can file a case with the controlling authrity for gratuity.

Dhingra: (Expert)
Click to Talk
22 December 2011

Please clarify, how did your company treat the period of first year of your service as per the conditions laid down in your appointment letter?

Shailesh Kr. Shah (Expert)
22 December 2011

You are eligible for gratuity. The Employer wrongly said.

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