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Nivedita (SState Consultant)     14 February 2012

Entitlement of gratuity

Dear Sirs,

I am hailing from Guwahati and I request your sugestion in the following regards:

I worked in a private organization for 5 years and 3 months. The first year of my service was on probation and I was paid a consolidated amount. After one year, I got my salary in scale.. When I asked my previous organization about my gratuity, they told me tht since I was on probation with a consolidated pay hence I am not entitled for gratuity.

I would like to knowfrom you  whether I am entitled to get the gratuity or not since I have completed five years of services and if yes, suggest me the approach please.



Nivedita Barthakur





 7 Replies

Kumar Doab (FIN)     14 February 2012

“For the purpose of gratuity calculation the date of joining shall be the day employee joined the organization"

It is believed that your services were confirmed without any break in service and you were issued an appointment letter, and you were not an apprentice.

Kindly check carefully, your terms of appointment, Apprenticeship Act, and if you were apprentice were you registered with state government.

It is also believed that the reply of your company is verbal and not in writing.

You may write a gentle letter under acknowledgment to Head-HR, appointing authority and seek a reply in writing.

You can show your documents to a competent and experienced service lawyer/labor law consultant and lodge a complaint with jurisdictional authority which may be ALC/DLC.

Valuable advice of learned experts/members is sought.


Kumar Doab (FIN)     14 February 2012

Kindly look into the attachment.

Your company may not be able to produce a document that you were working as an apprentice.

Attached File : 169921401 court ruling for eligibility of gratuity.doc downloaded: 156 times

Nivedita (SState Consultant)     23 February 2012

Dear Sirs,

This is in continuation of my earler post regarding the entitlement of gratuity. As I had mentioned that I had completed 5 years and 3 months of my service in that organization. But they told me that I am not entitle to the gratuity as I was on probation with a consolidated pay for one year hence I am not entitled for gratuity (according to them my service will be 4 years only). But I was with that organization contineously for five years and 3 months. The initial appointment letter which was issued to me was stated that I will be on probation for one year and during this period i will be subjected to normal dicipline and Service Rules. After completion of one year and 2 months, the confirmation letter was issued to me.

After my verbal request to them for paying me the gratuity, I had given them a mail requesting them for explaining the reasons of not paying me the gratuity. But till now I am not getting any reply from them, instead they verbally communicated me that I am not entitled for the gratuity.

I want to know whether I am eligible for gratuity or not. If yes, then how can I appraoch them now. Please suggest.




Kumar Doab (FIN)     23 February 2012

You have posted that you were on probation period and your services were confirmed without any break in service, hence you should be eligible for gratuity.

It is believed that you have checked and you were not apprentice as per Apprenticeship Act.

Your company is not replying to you in writing.You may apply for gratuity.

     7. Application for gratuity.-(1) An employee who is eligible for payment of gratuity under the Act, or any person authorised, in writing, to act on his behalf, shall apply, ordinarily within thirty days from the date the gratuity became payable, in Form 'I' to the employer:

Attached File : 735419210 rulesofpaymentofgratuity(3).doc downloaded: 128 times

Kumar Doab (FIN)     24 February 2012

Kindly go thru section  2A of Payment of Gratuity Act

Attached File : 949108192 paymentofgratuityact.doc downloaded: 118 times

Kumar Doab (FIN)     24 February 2012

Since your company has not replied in writing, issue reminders and demand payment or reason for non payment along with concerned rules of the company and law of land vide which payment is denied, and avoid taking explanation on phone. If company maintains silence stake your claim, and let the company explain to controlling authority.

Tapan Amoria (Manager H.R.)     25 February 2012

Dear Nivedita,


You are eligible for the Gratuity. You can raise your demand of Gratuity with your employer if refused you can contact the concerned Labour Office.

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