ashish (service) 11 May 2014

Gratuity

respected sir/ madam

i am working in a partnership firm name BHATTER"S( SILVERSMITHS) in kolkata

date of joining 23sept 2004

date of resignation 7 april 2014

now the owner of the firm for gratuity amount demanding a lawyer certification that i am eligible for gratuity and net amount payable to me as per law

my monthly salary is rs 8000|- per month

i like to know about the gratuity law and gratuity amount so i can claim my hard earn money as per the India constitution. guide me in this behalf

thanking you

ASHISH MUNDHRA

(M)9831758558

KOLKATA

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1 Replies

Kumar Doab (FIN) 11 May 2014

Payment of Gratuity Act 1972: Sec1 {3(b,c,3A)}, 2(e),2A, 4, 4(5), 7,8,9,

If at any point time the firm had 10 or more employees you should be eligible.

You may submit a gentle representation addressed to appointing authority that notice of determination of Gratuity has not been supplied to you and FormI is attached and obtain acknowledgment or send thru redg. post.

Formulae for calculation is:

{(Basic+DA)/26*15*No. of years in service}

Basic+DA is as per last drawn wages and if no break up is issued you may calculate @ Rs8000/pm. If in last ear you have worked for more than 6 months take it as 1year.

If the lawyers notice helps let your labor consultant/service lawyer submit a notice clarifying your eligibility.

IN case of difficulty you can approach employees unions, trade unions, ALC/DLC in local office of labor commissioner

Attached File : 978484370 paymentofgratuityact(1).doc, 978484370 form i gratuity9.pdf downloaded: 204 times