Eligible for gratuity
ATUL PAUL
(Querist) 20 January 2014
This query is : Resolved
Dear Sir,
I have joined Chartered Accountants Firm, from 15.01.1994 and resignation on 30 September, 2012. Approx 19 years. So my question is: I will be eligible for gratuity?
Please guide me.
Your suggestion will be highly appreciated.
Regards
Atul Paul
Guest
(Expert) 20 January 2014
How many employees were employed in the CA firm?
Rajendra K Goyal
(Expert) 20 January 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Eligible-for-gratuity-448516.asp#.Ut0mWbThWsw
ATUL PAUL
(Querist) 21 January 2014
Sir,
My heartiest thanks for your reply sir, 15 employees were employed in the CA firm.
Your suggestion will be highly appreciated.
Regards
Atul Paul
Guest
(Expert) 21 January 2014
Since the CA Firm is employing 15 employees, you become eligible for gratuity equivant of 15 days pay for 19 years of service (Permissible monthly rate of emoluments x 15/26 x 19).
Rajendra K Goyal
(Expert) 21 January 2014
Eligible for Gratuity. Agree with the expert PS Dhingra ji.
Dr J C Vashista
(Expert) 21 January 2014
I have similar view but query is being repeated
ATUL PAUL
(Querist) 22 January 2014
I have joined Chartered Accountants Partnership Firm (3 Partners C.A.) from 15.01.1994 and resignation on 30 September, 2012. Approx 19 years. 15 employees (Including 3 Advocates 1 driver) were employed in the CA firm. So my question is: I will be eligible for gratuity?
Please guide me.
Your suggestion will be highly appreciated.
Regards
Atul Paul
Guest
(Expert) 22 January 2014
Employer who employs ten or more than ten employees ON ANY DAY of PRECEDING ONE YEAR need to pay gratuity to his employees.
So criteria is the No. of employees employed in preceeding one year, not before or on the start of the organisation.
Raj Kumar Makkad
(Expert) 22 January 2014
You are eligible for the grant of gratuity as per law.
ATUL PAUL
(Querist) 12 September 2015
Sir,
Pranam
Gratuity payment keliye Controlling authority Employer ko Notice for Payment of Gratuity letter diya, payment ka last date tha 04.09.2015, but employer payment nahi kiya.
sir letter attached korne ka liya koi jaga nahi mila mujhe, is liye letter nahi vej saka.
sir mujhe ab kiya karna hai?
Guest
(Expert) 12 September 2015
Employer is not controlling authority for the purpose of gratuity. You have to apply to the Government designated controlling authority, as per the Payment of Gratuity Rules, prescribed under the Payment of Gratuiry Act.
ATUL PAUL
(Querist) 12 September 2015
Sir,
Mr. Rathin Sen, Controlling Authority, Payment of Gratuity Act, 1972.
office of
Government of West Bengal
Office of the Joint Labour Commissioner
North Bengal Zone
3, C.V. Raman Sarani; Collegepara
Siliguri, District: Darjeeling-734001.
sir, Mr. sen notice for payment of gratuity letter employer ko vaja tha, letter me payment ka last date tha 04.09.15. but employer koi payment nahi kiya.
ab mujhe kiya karna hai sir?
Sir mai apka id se email kar rahi hu,
Guest
(Expert) 12 September 2015
Now approach the concerned labour commissioner to issue order for recovery along with interest as land revenue for payment to you directly by the office of the collector.
ATUL PAUL
(Querist) 14 September 2015
thanks sir. i will do.
Guest
(Expert) 14 September 2015
u r welcome.
Kumar Doab
(Expert) 03 August 2018
THE PAYMENT OF GRATUITY ACT, 1972
1. Short title, extent, application and commencement.-
(1) This Act may be called the Payment of Gratuity Act, 1972.
(2) It extends to the whole of India: Provided that in so far as it relates to plantations or ports, it shall not extend to the State of Jammu and Kashmir.
(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, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.
1[(3-A) 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.
https://maitri.mahaonline.gov.in/pdf/payment-of-gratuity-act-1972.pdf
You and anyone may cite proper provision as in the Act vide section; 1(3A)
