Gratuity entitlement
satish mittal
(Querist) 29 September 2015
This query is : Resolved
Dear Sir,
I have joined a co. on 22nd oct 2010 and resigned on 1st July 2015, as per new guidelines of SC i am eligible for gratuity amount? please give me your valuable advice and oblige.
Satish Mittal
Kumar Doab
(Expert) 29 September 2015
Which latest judgment/guidelines of SC you have referred to? You may mention the details/link to this judgment?
You may also determine the establishment is Govt or private and which Gratuity Rules apply to it and it works for how many days/week i.e. 6 or less than 6!
You may count from DOJ to LWD (As per your post 'I have joined a co. on22nd oct 2010 and resigned on 1st July 2015') and determine for many years and days you have worked!
If the Payment of Gratuity Act is applicable then you should be eligible.
Has the establishment declined to pay in writing?
Has the establishment supplied Notice of D termination of Gratuity?
Have you submitted FormI?
You may post the details.
satish mittal
(Querist) 30 September 2015
Dear Sir,
I had worked in a pvt co.
i had worked 4 years 248 days in that co.
i want to know abt the judgment in which sc said after working of 4 years and 240 days the employee will eligible for gratuity.
my co. saying that they still flowing five year rule. and they also not giving me my privileged leave encashment in my full and final settlement.
Kindly give me your valuable suggestions
thanks,
Kumar Doab
(Expert) 30 September 2015
You have not replied to all points.
You are eligible.
Has the establishment declined to pay in writing?
Has the establishment supplied Notice of determination of Gratuity?
Have you submitted FormI?
satish mittal
(Querist) 30 September 2015
Dear Sir,
Thanks For replying,
Please can you provide me the copy of new judgment abt gratuity (4 years 240 days) it will be helpful for me?
Thanks & Regards,
Kumar Doab
(Expert) 30 September 2015
You have not replied to:
Has the establishment declined to pay in writing?
Has the establishment supplied Notice of determination of Gratuity?
Have you submitted FormI?
Have you finally resigned? Or you are still in notice period?
It is in your interest to reply. Thus you will get better and further response.
You may download everything from following thread;
http://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp
Kumar Doab
(Expert) 30 September 2015
You are welcome.
If still employer does not pay............ post again in this thread.
Rajendra K Goyal
(Expert) 30 September 2015
Well advised by the expert Kumar Doab, agree to it.
