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Clarity between gratuity eligibility service (5 or 4.8 yrs)?

Page no : 4

Anurag (Sr Business Analyst)     26 June 2012

Thanks for your valuable feedback and detailed information Mr Kumar.

Just wanted to know more about the following -

1. From which date H'ble Supreme Court and High Court,respectively; made it applicable for all IT Companies?

2. Is there any Notice/ article / information published to all, publically, for the good of an employee? Can you please provide the same.

3. Apart from submitting Form "I", is there any other way to inform the company about the verdict, act and clear decision from H'ble Courts and ask them for releasing the Gratuity?

Thanks for your extended Help!

Regards

Anurag (Sr Business Analyst)     26 June 2012

Thanks for your valuable feedback and detailed information Mr Kumar.

Just wanted to know more about the following -

1. From which date H'ble Supreme Court and High Court,respectively; made it applicable for all IT Companies?

2. Is there any Notice/ article / information published to all, publically, for the good of an employee? Can you please provide the same.

3. Apart from submitting Form "I", is there any other way to inform the company about the verdict, act and clear decision from H'ble Courts and ask them for releasing the Gratuity?

Thanks for your extended Help!

Regards

Kumar Doab (FIN)     27 June 2012

Kindly read this thread from beginning.

SC judgement:

"hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

The judgement has already been attached. HC judgment has also  been already enclosed.

Has your HR declared verbally or in writing that SC and HC judgment have been struck off by SC and /or are disputed? Ask them in writing to state so in writing.

What is the hitch and hesitation in submitting the form for payment of gratuity to company? If you can share the details then probably your concerns can be addressed. The controlling authority shall take care of all the objections raised by company.

It is felt that It companies are covered under SE act.

Payment of Gratuity Act, 1972

Section: 1
Short title, extent, application and commencement.

(3) It shall apply to­ –

(b) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;

You may go thru Karnataka SE act : Statement of Objects and reasons: VII: Amendment Act 11 of 2001.For It sector some amendments were made.

A publication for you academic interest is attached.

Kumar Doab (FIN)     27 June 2012

Attached Karnataka SE Act.


Attached File : 262641507 karnataka shops and commercial establishment act.pdf downloaded: 366 times

Kumar Doab (FIN)     28 June 2012

A publication for you academic interest is attached.This is quite comprehensive.

Submitting form I is not litigation.


Attached File : 476390941 various amendments scr1204095937 payment of gratuity.pdf downloaded: 525 times

Anurag (Sr Business Analyst)     29 June 2012

Thanks Kumar for your kind support.

I have now been told that "Contunity of service & completion of year are two different things" !!

After seeking the clarification i have been told to check the bare act on my own.

Appreciate your views.

Regards,

Anurag (Sr Business Analyst)     29 June 2012

Thanks Kumar for your kind support.

I have now been told that "Contunity of service & completion of year are two different things" !!

After seeking the clarification i have been told to check the bare act on my own.

Appreciate your views.

Regards,

Kumar Doab (FIN)     30 June 2012

This thread is highly informative.

Learned SC and HC have set aside the tantrums and opinions of employers and have reaffirmed the provisions of the act. The controlling Authority of Gratuity understands the bare act and provisions and judgment of the courts. It is felt that you are hesitating to submit the requisite forms to get the payment of your gratuity. You may have your reasons and reservations. Your HR has been successful in subduing you with their versions.

You may read the bare act and if you are satisfied you may lodge your claim. You have the option of approaching a competent and experienced service lawyer with the copies of communications received from your company.

Anurag (Sr Business Analyst)     02 July 2012

Many Thanks for your extensive help Kumar. Please mail me your contact details at mrgladrax@yahoo.com..

 

Kumar Doab (FIN)     07 July 2012

You may approach a competent and experienced service lawyer/labor consultant/law firm with the copies of communications received from your company.You can conduct lawyer search at LCI:

https://www.lawyersclubindia.com/lawyers_search/

Related lawyers detail is available at bottom of this web page.

Hiren (Advisory Manager)     19 July 2012


Dear Sir, Requesting you to all to reply on my query, please. My name is Hiren Shah and working in private Broking company.I joined this company on 1st Dec 2006. I am working regularly in this company since 1st Dec 2006 to till date. This company has 6 days working.. Now I am planning to leave this organization on 31st July 2012. But as per HR argument 1.12.2206 to 31st nov 2007 me on a Retainership...so as per their record for date of Gratuity starts from 1.12.2007...Will I entitle for gratuity/eligible after working above time period. Company will have to pay me at any cost without any dispute? I have seen two posted decisions (madras high court and Supreme Court) on website for 4 years 240 days. But I don't know exact calculation of days for 6 working days Company? Please reply me on my query whether I will be eligible for gratuity if I will leave my company on 31st july 2012? Regards Hiren, Mumbai 

Isaac Gabriel (Advocate)     19 July 2012

You are entitled for gratuity from the date of your joining.In case your employer refiused to accept this, file a case with the controlling authority by issuing form I

Kumar Doab (FIN)     19 July 2012

Mr. Gabriel has given valuable advice. Kindly follow it.

You may show your appointment letter to a competent and exeprienced service lawyer/Labor Consultant. Or you may attach it. You may erase the names etc to maintain confidentiality.

Payment of Gratuity Act, 1972

Section: 2
Definitions.

[2] [(c) "continuous service" means continuous service as defined in section 2A;]

(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***]

[8] (s) "wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which arc paid or arc payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.

 

Section: 2A
Continuous service.

For the purposes of this Act, -

(2)

(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;

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

(i) ninety-five 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) one hundred and twenty days, in any other case;

Bharat (Sr Manager Design)     26 July 2012

Dear Sir,


I joined my current organization on 29-10-2007 and my last day of employment date is 27-08-2012 (about 4 years and 10 months).

Request you to please suggest if I am eligible for the gratuity.

Also like to mention here we are 5 day a week working and our organization have some tie-up with LIC.

Request you to please advise on the same, I will be very grateful to you.

Thanks & Regards

Bharat

Amit Mishra (Manager)     27 July 2012

 

Can somebody suggest very recent case when someone fought and won his gratuity while his service tenure was less than 5 years but more 4 years and 240 days?


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