Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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(Querist) 11 July 2012 This query is : Resolved 
i was in service in one company from jan 06 to aug 11,
the company had given me appointment letter on the name of its sister compnay who is the dealer for compnay products.

the appointment letter doesnot say about PF/& Gratuity eligibility,However company is paying pf of other employee
i was not getting PF

NOw I have the experience certificate of teh company for my service period,
so i wish to apply for gratuity, can i do it

secondly, the company was giving me full payment without any break up of salary like basic/hra/da/etc for 4-1/2 year, but for the last 6 months befor my leaving they made basic and da very low, so which amount i should apply for claming gratuity

thirdly is there any gratuity application form or we have apply on plain paper

pls advice me

c.p.s. ramachary (Expert) 12 July 2012
You have to check up if the company is covered bt Payment of Gratuity Act 1972. The application of the Act is explained in Sec.1(3)(b),(c) & 3A as under:

b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
(c) such other establishments or class of establishments, in which ten or more employees are employed, or were employed, or, any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.

(3A) A shop or establishment to which this Act has become applicable shall continue to be governed by this Act notwithstanding that the number of persons employed therein at any time after it has become so applicable falls below ten.]
Further, your service should be continuous for one year minimum as per Sec.2A of the Act.
It seems you have not put in continuous service in the said company.
If the above legal requirements are not satisfied
valentine thakkar (Expert) 12 July 2012
Can any one give me the sample petition for workman's compensation? Under which Section the Compensation to be claimed?

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