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About gratuity law

(Querist) 09 October 2022 This query is : Resolved 
Hello, I worked for an educational institute upto 7 years. It is a non aided institute and I worked as a lab technician i.e. administrator department after 1 year of leaving job I listen about this low. As my employer never given me appointment letter am i eligible for gratuity and I am appointed directly by employer not with contractor they have given me pf also I have all proofs of employment
kavksatyanarayana (Expert) 09 October 2022
You stated that your employer never gave you an appointment letter but was appointed directly by the employer and gave pf. I confuse about some contradictions in your query. I think as per the amendment to the Act, 1972 you are eligible for gratuity if you have completed above 5 years of service without any gap.
Advocate Bhartesh goyal (Expert) 09 October 2022
Yes, you are eligible to get gratuity if you have completed 5 years services continously .It is immaterial that employer institute is non aided.
Sourav Das (Expert) 10 October 2022
If you can prove that you worked for 5 years continuously, then you are entitled to get gratuity.
Issue legal notice, through advocate, claiming your dues and benefits, then complaint before labour commissioner.
P. Venu (Expert) 10 October 2022
How many employees in that institute? Has anyone else had been sanctioned gratuity?
Pradipta Nath (Expert) 10 October 2022
You are eligible for gratuity.
Dr J C Vashista (Expert) 10 October 2022
What sort of evidence do you have to prove that you had worked in the institute for 7 years without an appointment letter ?
if you have some evidence you are eligible in terms of Section 3 of the Payment of Gratuity Act, 1972 which reads as:
(3) It shall apply to -
(a) every factory, mine, oilfield, plantation, port and railway company;
(b) every shop or establishment within the meaning of any law for the time
being in force in relation to shops and establishments in a State, in which ten
or more persons are employed, or were employed, on any day of the
preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more
employees are employed, or were employed, or, any day of the preceding
twelve months, as the Central Government may, by notification, specify in
this behalf.
(3A) A shop or establishment to which this Act has become applicable shall
continue to be governed by this Act notwithstanding that the number of
persons employed therein at any time after it has become so applicable falls
below ten.]


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