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v ramachandran (president)     25 November 2011

Denial of gratuity

i have employed undet the management category directly reporting to the Chairman of a college in July 1998 on a monthly fixed salary paid by cheque. My bame appears in the college calender as a non teaching staff and I have also been issued an ID Card. My name was not included in the attendance register since I was given special exemption from signing the same with freedom as to my reporting time.

Now after 13 years of service, the Chairman takes a view that since I was not signing the attendance register( which was at the behest of the management) I am not a regular employee and hence I am not eligible for gratuity.

It may be noted that I have been paid a salary every month by cheque for the past 13 years and this is clearly on record in the finance department because I have also issued a receipt for salary every month.

What is the remedy open to me to enforce payment of gratuity ?

Please advise. 



 3 Replies

Jai Karan Nagwan (consultant)     25 November 2011

Approach to the controlling authority, who is generally ALC or DLC. you have strong case that whoever have completed five year (4 Years and 240 day) with any employer has to get gratuity.  

V. VASUDEVAN (LEGAL COUNSEL)     25 November 2011

Even if the management claims that you are contract is governed by Fixed Tenure, you are entitled for gratuity and has got a strong case.  You may lodge the claim with the Gratuity authority.

vasudevan

kameswarao S (Head HR)     26 November 2011

As told by Mr.Vasudevan & Jai karan you are 100% eligible for Gratuity. Pl. contact local Asst.Commissioner of Labour.

Regards - kamesh


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