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Can Employer deny Gratuity ?

Page no : 2

Jignesh (Proprietor)     14 July 2013

I was working with a Limited company for 2 years & 11 months as a permanent employee. Gratuity was a part of my committed CTC. Could you pls. let me know if i am eligible to claim the gratuity as it was a part of my committed CTC from the company.

Deepak   25 May 2017

Hi,

I worked for a company for 13 years and entitled for gratuity as per my CTC. After 12 years, the company was sold to another person who tried and made me to resign the company by putting false allegations on business ethics after a year of operation. He filed a false case which is under trial on business ethics. I resigned & filed a case in labour court.

Is there any chance that they deny my gratuity claim?

Look forward for suggestions from panel members.

Rgds

 

Kumar Doab (FIN)     28 May 2017

Forfeiture of Gratuity is explained in Payment of Gratuity Act,1972:4(6)

The opportunity of hearing, natural justice is to be provided and after due inquiry employment is to be terminated.

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

Kumar Doab (FIN)     28 May 2017

Originally posted by : Deepak
Hi,

I worked for a company for 13 years and entitled for gratuity as per my CTC. After 12 years, the company was sold to another person who tried and made me to resign the company by putting false allegations on business ethics after a year of operation. He filed a false case which is under trial on business ethics. I resigned & filed a case in labour court.

Is there any chance that they deny my gratuity claim?

Look forward for suggestions from panel members.

Rgds

 

 

You have resigned.

Do you have copy of resignation, its acknowledgment by employer, its proof of delvery?

Was your resignation accepted?

 

Kumar Doab (FIN)     28 May 2017

What is this case filed by employer?

What is this case filed by you?

Were you terminated?


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