Graduity from day started working in company

virender singh (Querist) 13 September 2011 This query is : Resolved
I joined duty in chemical factory on 15/12/2004 but company started deduction of P.F.IN july 2006 now for gaduity company is
considering joining of duty from 01/07/2006. Also earned leave counting is effected from this new date. what should be done to get my graduity and e/leave paid from actual d.o.joining the company . Pl. advise.

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Guest (Expert) 13 September 2011
Did the company change its constitution or name from 01.07.2007 or is working with the same name and constitution since you joined from 15.12.2004?

If you are unable to understand the term constitution, please state what type of changes the company made during any time after your joined the chemical factory.

Raj Kumar Makkad (Expert) 13 September 2011
In the given facts, you serve a legal notice to your company with copy to your nearest EPF Commissioner and demand your legitimate rights therein including coverage of your under EPF from the date of joining failing which file your case either before Labour court or civil court (which fits in your status).

Shastri J.K. (Expert) 13 September 2011
I agree with mr.raj kumar makkad .

V.Harikrishnan (Expert) 13 September 2011
Dear Mr.Virendra Singh
You are entitled to get gratuity from the date on which you joined the company. If you are still in the service of the company, this is not the opportune time to raise the issue. In case you have decided to leave the company, and if the company is not reckoning your service from the date of your joining, my suggestion is to get whatever gratuity amount that the company may pay you and then claim the balance. In case the Payment of Gratuity Act is applicable to you, then find out who is the Controlling Authority under the Payment of Gratuity Act for your company(this could be enquired with the local Labour Office) and then file a claim for the balance of gratuity after issuing notice to the company in the form prescribed under the Payment of Gratuity Act. In case the Payment of Gratuity Act is not applicable to you then you have to seem remedy from a civil court.
With regards
V.HARIKRISHNAN M.A,B.L.,M.B.A
Joint Commissioner of Labour(Retired)
Government of Tamilnadu
Advocate and Labour Law Consultant