Gratuity eligibility per ACt by Supreme Court
Deepali N
(Querist) 28 January 2011
This query is : Resolved
Respected Sir,
I have completed 4 years & 325 days in fifth year in my previous company. i did not claim my gratuity as was under impression that i am not eligible since i havent completed 5 full years. Kindly advise if i can claim gratuity on above grounds of my service completion. is there any supporting required to be given to my employer. Also pls advise if any grounds based on which my employer can deny paying me Gratuity. thank you in anticipation.
Kirti Kar Tripathi
(Expert) 28 January 2011
This legal position for eligibility of gratuity is still ambiguous. Whether you are entitle or not it can only be decided, if you file the claim but my advise is you file the claim. In case, you are held eligible for gratuity, your claim will be allowed. The fundamental principle is that amount of gratuity and PF can not be withheld and can be claimed at any time showing the reasons.
Deepali N
(Querist) 28 January 2011
thank you Sir, is there any specific format in which i need to claim my gratuity to my employer? or just a request on paper/email or personal visit & discussion with employer can be done for the same.pls advise.thank you so much.
Deepali N
(Querist) 28 January 2011
also i heard that it depends from company to company how they handle gratuity cases. that is only their accounts/HR dept will decide if the claim can be accepted & paid or not. is that true? pls advise. thank you
Kirti Kar Tripathi
(Expert) 28 January 2011
Yes, there is specif formate for claiming gratuity from employer and also for making application before the Controlling Authority Under the Act. I am attaching the same
Kirti Kar Tripathi
(Expert) 28 January 2011
In case, you HR department does not inform or take action you may approach the Controlling Authority of your area.
Ajay Bansal
(Expert) 29 January 2011
SEE THE RULES OF THAT COMPANY FIRST.
Deepali N
(Querist) 29 January 2011
since i am ex employee now, i will have no access to check on company's rules. would those rules impact my claim for gratuity?
Deepali N
(Querist) 29 January 2011
thank you so much for sharing the form. what i am thinking is if at all i am legally eligible to claim gratuity from my employer -(MNC which is covered by shops & establishment act), only then i will approach my employer. if at all there are chances my employer denying my claim on some solid grounds legally , then might as well i do not go ahead to claim the same. please advise.
