Payment og Gratuity Act 1972
R P BANSAL
(Querist) 26 May 2010
This query is : Resolved
As per Section 4(1) of The Payment of Gratuity Act an Employee has to be in service for 5 years Continuous Service to become eligible for Gratuity.
The Section 2A. Definition of Contineous service " An employee is deemed to be conineous service for one year if in the said period of One year he worked for more than 240 days (section 2A.(2)(a)(ii))
Thus if an employee has completed fully 4 years and in the fifth year he has worked for 265 days , please advise as per above definition of Contineous Service for one year (more than 240 days in a period of one year)the employee has completed 5 years Contineous Service to become eligible for Gratuity.
Also please tell the employee has Worked for 4 years 265 days (4 years 9 months) and he was also paid 3 months salary in liew of 'Notice Period' for termination of service, thus total period becomes 4 years + 265 days + 90 days(Notice salary) weather he qualify to get Gratuity under Gratuity Act,
The case Relates with Employer Reliancr Communications Limited (Anil Dhirubhai Ambani Group) and my self who has Joined Reliance Communications on repeated persuations my Mukesh Ambani to join his Telecom Service by taking voluntary retirement from Senior Administrator Grade (Dy. Dir General or Jt. Sec. to Govt of India, Department of Telecom (DoT) Service, worked with them for 4 years 265 days, Anil took over from Mukesh the telecom service and terminated service of person like me in most inhuman ands unparliamentry and disrepctfull manner and even do not wish to pay the legally and legtimately entitled dues.
Kindly advise me,
Regards
R.P.Bansal
Raj Kumar Makkad
(Expert) 26 May 2010
Definitely you are entitled for the grant of gratuity especially when you have also completed the term of 240 days during the 5th year also.
Serve a legal notice followed by civil suit against the company. It hardly matters who so ever is the MD of company. Your claim is against company and not against Mukesh or Anil.
R P BANSAL
(Querist) 26 May 2010
Thanks Mr. Makkad,
Civil Suit for damage claims, Criminal Case under section 420, 405, 415, 418 and 34B of IPC are in advance stage of process, summons to appear in person in court against Anil Ambani, Satish Seth and six others are already issued by the court for Criminal Breach of Trust with Cheating for which Anil Ambani has taken stay from High court Mumbai,
Regarding Gratuity matter is under progress at the Controller of Gratuity (Labour Commissioner's office at Mumbai), and I need citations from some SC\HC court regarding Contineous service definition in Gratuity Act, Kindly let me know so that I can produce them in the Gratuity Case.
From all mighty God's inspirations I am pleading all Civil and Criminal cases and in Bombay HC in person.
Regards,
R.P.Bansal
A.R.KUPPUSAMI
(Expert) 27 May 2010
You are entitled for the grant of gratuity because you have completed the term of 240 working days during all the 5years.
Deputy Commissioner of Labour is the Authority for Payment of Gratuity. First you file the claim at right place.
