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Thirunavukkarasu (Software)     16 November 2012

Am i eligible to claim my gratuity? 4yrs and 10 months 28day

Hi Sir,

I have worked in an IT organization from 01-Oct-2007 to 28-Sep-2012. Company denied to give gratuity. Am i eligible to claim my gratuity? I found some of the forum threads in this club saying that gratuity eligiblity is 4years and 240 days in the subsequent 5th year, also i found that it is saying that "It is not necessary to complete 5years in a company to claim gratuity".

Am i eligible to get or having rights to claim my gratuity? if yes please help me to understand how to claim? and also if not then please help me to understand why am not eligible?

 

Regards

Thiru



Learning

 5 Replies

Kumar Doab (FIN)     16 November 2012

Submit FormI under proper acknowledgement to Appointing Authority/MD.

If the company declines to accept form I:

Employee may submit a follow up letter under proper acknowledgment addressed to the good offices of  Appointing Authority, MD, Company Secretary narrating the representations made{ mention dates, name/designation/dept/address of company personnel to whom representations were made for payment of gratuity} and that on dated ……….Mr/Ms…….. name/designation/dept/address, declined to accept the FormI in original although it was seen and checked by them,and hence the duly completed in all respects  FormI in original has been supplied by redg. post vide receipt number……….dated……and good offices may intervene to ensure the payment of gratuity and issue instructions to all concerned with a copy to claimant {mention details, employee number, full address etc} and not to decline to accept the representations of the employee. Employee may request good offices to supply the payment of gratuity so as to reach him in say……7 days and copies of instructions to all concerned by redg. post only and may mention that a postage prepaid { as purchased from PO} self addressed envelope is enclosed for sending the redg. post.

Employee may submit the copy of FormI and copy of representations to Controlling Authority of Gratuity under proper acknowledgment.

The SC and HC judgements are enclosed.

Section: 2A
Continuous service.

For the purposes of this Act, -

(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer -

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than -

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case;

Does your company operate on the basis of 6days/week in office where you are located?

If yes you might have completed 240 days in 5th year.If yes you have satidfied the condition of 5 years, as gievn in the act.

Date of reference; last day in office/from the date you have been relieved.

The act is clear.


Attached File : 812706517 13 13 gratuity 20 20madras 20hc 20judg 5b1 5d 1 .pdf, 812706517 surendra kumar verma etc vs the central government ... on 23 september, 1980.pdf, 812706517 paymentofgratuityact(1).doc downloaded: 294 times
1 Like

MAHESH SINGH (SR. HR EXECUTIVE)     20 November 2012

yes you are eligible for gratuity.

Thirunavukkarasu (Software)     22 November 2012

Hi Sir,

Thank you very much sir! I have already spoken to them before i leave the company i had spoken to them saying that i have rights to claim my gratuity under those supreme court and high court judgment, also shared those judgment copies that is available in this club. Even then they said we have discussed with our leagal department and  they said 5 years is must for providing gratuity. In this case what should i take as next step sir. please help me to overcome this issue. I am really don't want to file any complaint against that organization, but i wanted this to be done with mutual understanind between us. please help me to overcome this issue..

Thanks and Regards

Thiru

Thirunavukkarasu (Software)     22 November 2012

Hi Sir,

Sorry! Sorry! I am really Sorry. My joining Date was 01-Nov-2007 (I have mentioned as 01-Oct-2012)and the Releving Date was 28-Sep-2012. Totally 4 Years and 10 Months and 28 Days. I am really sorry for the wrong date. Please suggest me am i eligible to get my gratuity.

Thanks and Regards

Thiru

Kumar Doab (FIN)     22 November 2012

 

Submit FormI under proper acknowledgement to Appointing Authority/MD, and a copy to Controlling Authority of Gratuity which may be ALC in your case, under proper acknowledgment.

Later if company agrees to pay the gratuity and if you have not submitted request for payment of gratuity and prescribed FormI you may need to appeal to condone the delay.

 

Submitting FormI is not litigation.

 

Majority of the employers subdue the employees and employees do not submit FormI in their lifetime and thus give up their rights.

It is entirely your choice to stake or give up your claim for gratuity.

Section: 3
Controlling authority

Section: 7
Determination of the amount of gratuity.

(1) A person who is eligible for payment of gratuity under this Act or any person authorised, in writing, to act on his behalf shall send a written application to the employer, within such time and in such form, as may be prescribed, for payment of such gratuity.

(4)

(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.

(b) Where there is a dispute with regard to any matter or matters specified in clause (a), the employer or employee or any other person raising the dispute may make an application to the controlling authority for deciding the dispute.]

 

There are many threads initiated by employees on gratuity at LCI also:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UK46EO8yzvo

 

Some of the employees have might have mentioned that employers finally agreed to disburse gratuity after showing tantrums for some time.


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