Regarding gartuity notice
Guest
(Querist) 27 September 2017
This query is : Resolved
Hi Sir,
expert seniors have resolved my last query related to gratuity. As we did not have DA in our salary slip and we have paid an amount of gratuity on the basis of (last drawn basic* 7.7 years as 8 years*15/26) according to this formula we have paid the amount to ex-employee. Today we have received the notice. Kindly guide how to process.
Madam,
Under instructions from my client Shri Imran Khan s/o Sultan Khan, R/o Kadar Zenda, Kamptee I have to serve upon you the following notice.
1] That, my client was working as a Senior Programmer in your Company since 2.11.2009 and he worked continuously without any break till 28.6.2017. After rendering 8 years, he submitted resignation with your company which was duly accepted and accordingly, on and from 28.6.2017 he has been relieved from your company.
2] That my client received an amount of gratuity to the tune of Rs. 69,909/- and the said gratuity has been calculated by your office on his last drawn salary Rs. 33,467/- and by taking into consideration the last drawn salary Rs. Rs. 33,467/- the amount of gratuity has been paid to my client as mentioned above.
3] That as per the provisions of the Gratuity Act which is applicable to all establishment, institution and others through out the India the gratuity has to be paid by taking into consideration the basic pay and dearness allowance. The gratuity has to be calculated as per the provisions of Gratuity Act and under the provision of Gratuity Act the calculation is basic pay + D.A. X 15X years of service and divided by 26. Now, the employees working are entitled to D.A. of 120 % and taking into consideration the 120 % of D.A. the gratuity ought to have been calculated as under :
Basic Rs. 15,147/-
D.A. Rs. 18,176/-
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Total Rs. 33,323/-
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4] As per the aforesaid calculation as mentioned above, the amount of gratuity which ought to have been paid to my client comes to Rs. 1,53,798/-. On the contrary, my client has been paid Rs. 69,909/-. As such, my client received less gratuity of Rs. 83,889/-. In view of the aforesaid legal position I hereby called upon you to pay Rs. 83,889/- to my client with interest thereon on and from 1.7.2017 for delayed payment of gratuity as per provisions of Payment of Gratuity Act. Failing which my client shall be constrained to file appropriate proceeding against you in the Court of law and in that event you shall be liable for the cost and consequences. Please take the notice and do the needful.
Notice charges Rs. 5,000/-
Rajendra K Goyal
(Expert) 27 September 2017
Query showing your account deleted. No reply tp member account deleted.
Kumar Doab
(Expert) 27 September 2017
Same Query:
http://www.lawyersclubindia.com/experts/Regarding-gartuity-notice-657051.asp
http://www.lawyersclubindia.com/experts/details.asp?mod_id=656316
Kumar Doab
(Expert) 27 September 2017
The name of the querist is 'Guest'.
Guest
(Expert) 27 September 2017
@Kumar Doab,
Yes, now he is your guest, as he has already gone from this site. by getting his account deleted, before you could enter the fray. You can make as many entries as you can to convey that to him at your own home. Of course that may strengthen your position at the Hall of Fame. Best of luck!
