Charudutta R. Mhalgi
17 December 2013 at 13:41
To Date—16.12.2013
Lawyers Club India
Respected Sir,
Sub:--GRATUITY PAYABLE
My query is regarding Gratuity payable if a person is appointed on retainer ship basis. Whether the company is liable to pay the Gratuity to that particular person or not ?
If a person is appointed on retainer ship basis, accordingly appointment letter has been issued to that particular person. The period of retainer ship is one year from the date of appointment. There is no any extension letter issued after that but regular yearly increment has been granted to that particular person as per management policy. Whatever the increment has been granted accordingly company has been issued a letter to the employee but there is no extension letter issued. The bonus/ex-gratia is also paid to that employee for each financial year.Please note that particular employee has been completed his services in that company seven years without interruption of a single day. The company has also issued TDS Certificates in FORM 16A for each financial year to that employee. The Employee’s service period is from 05.12.2006 to still continue. The employee’s consolidated retainer ship fees is Rs.40,000/-( Rs. Forty thousand only) per month there is no any bifurcation like other employee Basic, HRA, Conveyance allowance etc.
Considering the above, whether a employee who has been appointed on retainer ship basis is eligible to receive the gratuity or not ? and if eligible on which amount gratuity should be calculated.
Kindly advice for the same.
Regards
C. R. Mhalgi
Unnikrishnan.M.K
16 December 2013 at 21:44
Sir,
I am writing this on behalf of my aunt. Her husband was a BSNL employee(joined Department Of Telecommunications in 1992) who died on this 30th Nov 2013.They have 1 daughter and 1 son who are doing their studies now. My aunt is not that much educated(10th fail).They are planning to apply for the Compassionate Ground vacancies, but have the below questions or concerns. It would be great if you can clarify those.
1. Whats the latest rule on BSNL Compassionate Ground Appointments ?.Minimum of 55 points are required to be eligible for Compassionate Ground Appointments ?
2.Ideally how long it would take to get an appointment(He was in BSNL Kerala Circle).My aunt is 47 years of age.Her son is 20 years and daughter is 18 years.Who would be the right applicant for this CGA post?.
3. If daughter is applied for the post, and if she is getting married before she gets the BSNL job, will that be a disqualification of getting the BSNL job under Compassionate Ground?.
4. If daughter gets a job, will mother( my aunt, wife of the expired BSNL employee ) eligible for family pension?
lalit
16 December 2013 at 20:58
Message :
Dear Sir
I have joined as Direct recruit in a new department in the scale of PB 4 With GP 8700 from my previous department after my technical resignation within the same ministry I was selected in May 2011 against the vacancy published in Nov 2010. I joined the new Department on 01 Jan 2013. MY Last Pay drawn was given to me in the New Department (PB 4 + GP 8700). Recently I have been granted Non Functional Upgradation (NFU), by my previous department , in Grade Pay of 10000 (as I had done 17 year total service with one year in 8700 Scale).The upgradation has been given to me from Oct 2006 .My query is will my GP of 10000 will be protected in the new Department which is not covered under Organised Service. Sincerely yours
Chitra
16 December 2013 at 15:57
Hello Sir,
My mother is listed as the NOMINEE for PF claim in records at my brother's organization.
My sister-in-law either knowingly / or not knowing this fact has filed a request for PF claim at EPFO office.
Since my mother is listed as NOMINEE but only because she hasn't yet filed any claim, would it allow the PF authorities to grant the settlement in favour of his my sister-in-law?
I am aware it is not possible as name of nominee is listed but I am being urged to file the request to avoid any hassles.
Additionally, once my mother eventually receives the settlement money how can she avoid her spouse from claiming for share as she has already confiscated my brother's valuable matierial possessions (car, bank balance, household items etc) and left my mother empty handed? My mother is illiterate, aged and widow with no source of income so how can she enjoy full ownership of this PF money? Please advise urgently.
Thanks a lot
Chitra
Jigar Patni
16 December 2013 at 15:38
Dear Sir/Madam,
I had join one company on june-2012.
now i got better opportunity so i had put resign on nov.-2013.
As per appointment term with company that, I was on 6 month of notice period. during the notice period I had 15days of notice period.
but after complition of notice period, company was not given me any confirmation letter. and as per company rule, after confirmation on job notice period will be of 45 days.
I have mention on my resign latter that please releive me on or before 2nd dec.
and i was submitted all of their thins on 2nd december & discontinue from job.
so i have question that they are not giving me any confirmation after notice period, so which notice period
will be considered?
and also they have not given me last month salary and
now they says as per 45 days notice period, your partial salary will get us and remaining 15days you have to give company or pay salary of 15days. otherwise we will take any legul action.
so please provide me better solution.
rajendrakhatana
16 December 2013 at 14:23
In pf malfunction who are responsible if there is cheating with employee.example I f suppose I am employee and I have left organization and applied for pf withdrawl but I have recd information that som other person or any one withdrawal my pf with fake name and with fake account no.
who are responcible
manoj
16 December 2013 at 14:01
sir, is there any judgement regarding a person have FIR pending against him can join the central govt job.
it will be great for me if any one provide me.
thanks,
adv manoj kumar
kaur
15 December 2013 at 19:21
Employer uses abusives lanaguage on and off. Due to job fear I have to keep silence. The other employees are not willing for witness so same can be reported to higher authorities. Can phone recorded be sufficient proof.
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