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Rohit Malhotra (.)     15 June 2014

Eligibility for gratuity

I had joined as an Asstt. Clerk in Education Department Uttarakhand on 24.06.2008 and relived from my service on 27.04.2014 on account of my resignation.

My total service was 4 years 10 months 4 days. Kindly let me know whether am I eligible to receive payment of gratuity or not.



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 5 Replies

Kumar Doab (FIN)     15 June 2014

As per DOJ and DOL posted by you, you have worked for 5Y 10M 4days………..app.

So you are eligible.

Payment of Gratuity Act 1972 covers educational Inst.

However you may confirm if your dept has its Gratuity Rules and attach the same.

Assuming that you have erred in writing your DOJ, DOL and your correct period of service is 4Y10M4days even then if your have worked for 240 days in a year you shall be eligible for payment of gratuity…………………

Even if the employee has not submitted any application of Gratuity the employer should supply the notice of determination of Gratuity and payment within 30 days or the employee shall be eligible for interest @10%p.a for the delayed period.

You may submit Form under proper acknowledgment, preferably by redg. post.

You can download the Act from :

 

https://labour.up.nic.in/labourcommissioner/payofgraact72.htm

Rohit Malhotra (.)     15 June 2014

Thanks Mr. Kumar Daob for your quick reply. My correct date of relieving in 27.04.2013, Can a state has its own specific rules for payment of gratuity other than payment of gratuity act 1972.

Laxmi Kant Joshi (Advocate )     15 June 2014

Manu you are entitle for gratuity as your service is more than 5 years .

Kumar Doab (FIN)     15 June 2014

We are not aware which Gratuity Rules shall apply to your establishment.

As already mentioned the Act does cover teachers.

Obtain the Gratuity Rules from your office and study the rules.

You can attach a copy in this thread.

At the above mentioned link you shall get comprehensive info on to which and whom the Act is applicable.

 

There are many threads on similar query at;

 

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U528spSSwb8

 

e.g;

 

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U5283pSSwb8

Laxmi Kant Joshi (Advocate )     15 June 2014

No there is no specific rule for any state to adopt all central and state government follow the payment of gratuity act 1972 .

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