Eligibility of gratuity payment

Suresh Govind Bhagat (Querist) 31 August 2014 This query is : Resolved
Dear Sir

I am retired from PSU semi state government (Maharashtra State financial Corporation, Mumbai). After opting V R S from the said
department. I have joined local engineering collect as a Finance Officer. I have worked there on contract basis. My service tenure
is from Aug 2009 to September 2014.I have claimed for gratuity as I have completed uninterrupted continued service for 5 years.
As per knowledge I am entitled for gratuity but the authority of the engineering college told me that your services is on contract basis that's why you are not entitled for gratuity. I have to add here the after scrutiny & instruction from PF department the authority has deducted my PF contribution from salary since last 3 years. Thought I am retired employee am not eligible for gratuity . Please clarify whether I am entitled to get gratuity from employer.

Thanking you

Yours Sincerely

S G Bhagat

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Devajyoti Barman (Expert) 31 August 2014
You are very entitled to gratuity.
If you do not get this, approach the high court.

Kumar Doab (Expert) 31 August 2014
You have been in uninterrupted employment for 5Y.

Submit a gentle representation (under proper acknowledgment preferably by Redg. post) addressed to appointing authority, MD narrating all representations made by you in person in office/by phone/email/letter etc........... (mention names, dates, phone numbers, brief minutes..........etc)and conclude that Mr/Ms........................declined to pay Gratuity and establishment has not supplied the notice of determination of Gratuity and payment of Gratuity to you till date despite representations by you and FormI is attached.

You shall be eligible for interest for delayed period @10%p.a.

You may also request to provide you the certified copy of the payment certificate with calculation issued by FI that manages Gratuity Fund e.g. LIC. The employer can't keep even a penny from payment released even if payment by formulae of calculation of Gratuity is lower than amount released by LIC.

Insert your letter, formI in presence of Sub postmaster and obtain certification that .................are packed in cover before him and also obtain POD (free), certified copy of run sheet of postman(against Rs10/).

If payment of Gratuity is not made within 30 days from becoming eligible..............you can approach Controlling Authority of Gratuity.

Payment of Gratuity beyond Rs.10/Lacs may be subjected to tax treatment.