Gratuity
ramesh
(Querist) 07 June 2012
This query is : Resolved
Hello,
I have joined a corporate company on 13th of march 2009 and in my offer letter it was mentioned as "On completion of two years of service with the Company you will be eligible for gratuity as
per the Payment of Gratuity Act."
I have left the company on 31st of January 2012 and i have completed my two years.
When i asked PRM, they told i am not eligible for gratuity.
Many mails i have send to them and no proper response from them.
I never signed any revised gratuity papers.
In this case what i can do? Please some body help me in this issue.
Guest
(Expert) 07 June 2012
Both the terms "completion of two years" and "as per the Payment of Gratuity Act" are contradictory to each other, as according to the Payment of Gratuity Act, the minimum service of 5 years is required for the eligibility of gratuity as per the provisions of the Act.
So, please recheck the terms and conditions provided in your offer letter. If the company has made a mention of two years, you may approach the court of law to make a claim as per their offer.
Sudhir Kumar, Advocate
(Expert) 07 June 2012
5 years is mandatory when company has no choice but if the company has voluntarily agreed gratuity for a lesser period the (After checking properly as advised by Mr Dhingra) the case can be made out.
RAJU O.F.,
(Expert) 09 June 2012
When the company had stated that the payment would 'as per the Gratuity Act', they are liable to pay gratuity only after continuous service of 5 years. Even if the company was magnanimous to grant you gratuity for two years, the payment would be only one month's salary.
Shonee Kapoor
(Expert) 20 June 2012
Nothing left to be added.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
