KHS
29 May 2016 at 06:38
Respected Sir,
At the outset, I am very much thankful for the clarification given by Shri Kumar Doab & Shri. Rajendra K. Goyal.
I am herewith furnishing point-wise information to seek more transparency before claiming the Legitimate Gratuity to be receivable for the services rendered under your kind guidelines:
1.There seems to some error:Not understood
2.Working Period:6years-2months.
3.Relation Employer-Employee? - YES
In order to facilitate, kindly find attached scanned copies of documents for your kind perusal and advice. Since the relieving date is 3rd June, 2016, may kindly be advised time frame, if any for submission of " Letter of Gratuity Claim " to my employer directly or by any other means.
Look forward to have your kind help that
helps me invaluable financial help for me at this point of age but also helps others to avail the facility of Gratuity after decades service.
Best regards,
KS Murthy
Karthik
28 May 2016 at 23:21
Dear Experts,
I was working in a software company (IT enabled services) in Bangalore(9 hours * 5 days a week). My tenure with previous company was 4 years 195 days.
I have resigned and left the organization.
When I check with HR quoting the 4 years 190 days section for establishments works less than 6 days.
They replied stating that as per the shops and Establishment act they are registered they can operate all 7 days a week(IT enabled), hence 5 days whats you are suggesting is not applicable, this is just a privilege given to you, hence you are not eligible for Gratuity.
The company used to be functional on weekends since few team members(5%) will be working to complete their assignment and a compensatory off is issued for such attendance.
Please share your thoughts on this, if I am eligible where and whom should I contact.
Regards
Karthik.
Member (Account Deleted)
28 May 2016 at 19:53
Labour court awarded as under
In views of my aforesaid observation and findings, I hold that examining from any angle, the termination of service of the workman, vide letter dated 27-09-1995 Ex MW2/11 cannot upheld.It is illegalwithout holding a proper inquiery. No notice or notice pay was given nor any compensation was paid. The termination is illegal and is setaside. The workman is ordered to be reinstated into the service of the respondent w.e.f. the date of demand notice with continuity of service and with 50% of back wages.
My question is you that which consequential benefits entitled.
I do job in co-op. Sugar Mills, managemednt joined duty but they fix fresh salary without increment of past 21 years and ready arears 50% on basic +DA now my salary is lowest than peon's salary. what can do recived these benefits from management as per award of Labour court.
SRIDHAR B
28 May 2016 at 12:19
Dear Sir,
One of our client Joined in PUBLIC LIMITED COMPANY DEC'2012. He has not received the Ex - Gratia 20% on basic salary
Annuity Benifits : Ex-gratia (20% of Basic pay) (on financial year basis) (provided employee is on the roils of the company on the date of payment. Every year they have paid the ex gratia for the month of OCT. But they have not given the Ex - Gratia form 2012. to 2014 2 years. form 01.04.2014 onwards they have added in salary and paid on monthly basis. I have resign the job on 15.01.2015. But they have not paid the Ex gratia 01.04.2012 to 31.03.2014 (2 years) till today.
The Exgratia was the part of my CTC.
I request you to kindly guide me how can I get my ex-gratia.
anil verma (registeronlyfree)
27 May 2016 at 22:58
CAN A HIGH COURT REMAND BACK THE MATTER TO THE LABOUR COURT IN THE WRIT PETITION AGAINST THE LABOUR COURT AWARD OF REINSTATEMENT WITH FULL BACK WAGES WITHOUT DECIDING THE PENDING 17-B APPLICATION AND REINSTATING THE WORKMAN.
CAN THIS APPLICATION OF 17-B LEFT UNDECIDED BE UTILIZED AGAIN WHILE APPROACHING THE HON'BLE HIGH COURT?
CAN A DOUBLE BENCH ORDER OF COURT CAN BE AMALGAMATED BY SINGH BENCH ORDER AGAINST RECOVERY?
Neha
27 May 2016 at 16:06
Hi! I served my company (advertising agency) for continuous 4 years 9 months (including notice period). My company's head office is in Manipal, Karnataka. I inquired from an HR executive of the company if I am eligible for gratuity as I have completed more than 4 years 240 days. But I was told that we consider complete 5 years as we have LIC linked gratuity plan.
Just wanted to know if this logic is correct? Am I not eligible for gratuity if I have served the company for more than 4 years 240 days? Please give clarity on the matter.
Look forward to your prompt response.
Thanks in advance.
Raghav
27 May 2016 at 13:25
I was posted as BM in a public sector bank and during that period few loan were processed and sanction which had some irregularities. However by followup these loans were closed but the bank has taken up these cases as fraud and FIR against the BM is lodged even though the borrower have agreed having taken the loan. Please advise the fate of the FIR and guide for future course of action. Moreover i was suspeneded in july2015 and no chargesheet has been served till date. I have the following queries
1. In FIR police has filed FR in the court which has been protestedby the bank. What will be the future course.
2. It has been 10 months of suspension and for the last two months substance allowance is not been creditedto my account however instalments of my loan are regularly deducted from my salary.
3. No chargesheet is been servedro me till date.
Please guide of the fate of the case and what steps available with me.
KHS
27 May 2016 at 06:42
Sir,
I had served in a Registered Public Charitable NGO Hospital for 6.2 months (Apr.2010 to May, 2016). My age at the time of joining the service was 55 years and in view of advanced age factor, I was not offered PF, ESI facilities except allowing leave facility as is offered to other employees of the institution.
I shall be grateful for clarifying me as to whether I am eligible to claim Gratuity for the period of service rendered i.e. 6 years as per Gratuity Act, Andhra Pradesh, India.
Look forward to receiving your suitable reply that not only helps me to have invaluable financial support at this point of age but also pave the other employees rendered service in the institution for over last more than 1 1/2 decades.
Best regards,
KSMurthy
khsindhukalyani@gmail.com
R.Ramesh
26 May 2016 at 17:38
Dear sir, one of my friend joined in Private Hospitals in Hyderabad and employer asked him to sign on Rs.100 stamp paper (Bond Paper )as a service agreement for 1year and by submitting the original certificate and now he has completed just 6 months and he is dissatisfied with his job and he wants to leave this job.So, the employer having any rights to get damages from employee and in that agreement it has mentioned that if employee leaves the organization with in the period of one year he has to pay the training amount as a damages to the employer but in fact the employee is well experienced with previous experience before joining this company and in this existing organization even they did not provided any training to him and he did not attended the training.So, sir the employees has to pay any damages amount to employer when he breaks the service agreement please advice us.
Thanking you sir,
Ramesh
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Payment of gratuity
Respected Dr. G.Balakrishnan Sir,
Thanks a lot for your kind cooperation able guidelines.
I earnest requested for advising the Sections of Indian Gratuity Act valid as on date to enable me to serve legal notice to my ex-employer. Also grateful and thankful for enlightening the limitations of the proposed claim to be sent to my employer since my last working in the said organisation is 3rd June, 2016; by which date the notice is to be served.
Seeing with a ray of hope for your kind help that not only helps me at this point of age but also helps more number of employees serving for the last more than 1 1/2 decades.
Eagerly awaiting your affirmative reply at the earliest for which act of kindness I shall ever grateful and thankful to you Sir,
Best regards,
KSMurthy
9912703120