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Payment of Gratuity act 1972

(Querist) 20 June 2018 This query is : Open 
I had worked in one of the reputed public sector bank for 4 years and 298 days being my joining date as 29.04.2013 and resignation on 20.02.2018. my employer denied me that I am not eligible for gratuity as the rule of 5 years continuous service is not completed. Please guide me whether I am eligible for gratuity or not.
Kumar Doab (Expert) 20 June 2018
Download the Gratuity rules applicable to said bank from bank website or thru employee log in or thru other employees or thru employees unions

and confirm and post applicable Gratuity Rules!

Is IT as per payment of Gratuity Rules, 1972?
Kumar Doab (Expert) 20 June 2018
Did you apply in writing and did employer/establishment decline in writing?
Kumar Doab (Expert) 20 June 2018
If you have checked and thereafter posted in title then also you may confirm.
Ms.Usha Kapoor (Expert) 21 June 2018
If in the final year of resignation in the preceding 240 days you had worked uninterruptedly. without any break you are eligible to draw gratuity.if you work for more than 4 years 8 months. in the instant case you seem to have satisfied this period in your entire service of more than 4 years 9 months.Hence you are eligible to draw gratuity.
R.Ramachandran (Expert) 21 June 2018
You are entitled for gratuity.

Please forget about what your Bank Authorities say. Please fill up the appropriate form (Form-I) - which you can access in the following link:

http://nclcil.in/infobank/formsncl/Gratuity%20Claim%20Form%20I.pdf

Submit through Registered Post. Keep the postal receipt as well as the print out of the Tracking Report showing the Delivery status.

The Authorities are bound to either accept the Claim form and settle or reject the same by giving reasons.

Thereafter, you can decide the appropriate course of action.

BE REST ASSURED THAT YOU WILL GET YOUR GRATUITY AMOUNT.
Ms.Usha Kapoor (Expert) 21 June 2018
You are eligible for gratuity
Kumar Doab (Expert) 21 June 2018
The banks do keep Gratuity Rules on websites, shared portals…
e.g;
http://www.lawyersclubindia.com/forum/details.asp?mod_id=157568&offset=5
So post Gratuity Rules of establishment..
The bank/designated bank personnel must not and cannot decline on self invented reasons..

If Act applies and condition in Act are satisfied you should be eligible..
Kumar Doab (Expert) 21 June 2018
Relate with Gratuity rules of the Bank also..

Perspectives; Employer can pay Gratuity on LWD with FnF.. Employee can submit letter to pay Gratuity 30days before LWD.. Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied… If employer does not pay within 30days from LWD IT has to tender interest @10%pa…

Rest post Gratuity Rules.. If required submit requisite form ( say FormI as in Act or any other prescribed form as per gratuity rules)

If nothing works then you may have to approach Controlling Authority of Gratuity (and may not the court) and submit FormI (legal notice may not be required)...........
Preferably resolve with your own skills...and or with support of unions and/or by escalating to good offices of appointing authority, MD, Chairman..
Ms.Usha Kapoor (Expert) 22 June 2018
I stick to my view as above.
Pramod Kumar (Querist) 20 July 2018
I had sent form-I to my HR department for claim of my gratuity but today I have received a mail that my claim has been declined as per clause (ii) of Sub Rule (1) of Rule� 8 of the Payment of Gratuity (Central) Rules, 1972 citing reason not completed 5 years of continuous service in the bank.
Please guide me further in this matter.
Pramod Kumar (Querist) 20 July 2018
I had sent form-I to my HR department for claim of my gratuity but today I have received a mail that my claim has been declined as per clause (ii) of Sub Rule (1) of Rule� 8 of the Payment of Gratuity (Central) Rules, 1972 citing reason not completed 5 years of continuous service in the bank.
Please guide me further in this matter.


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