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Manish Sikdar ( Social Worker)     16 February 2017

Gratuity

D/ Sir, Is the contractual employee has right to get Gratuity as per Gratuity Act, 1972. If deny by employer / Principal employer what would the next step taken. Appreciate your feedback.


 7 Replies

Kumar Doab (FIN)     16 February 2017

Submit FormI under proper acknowledgment, to both. Mnetion that Notice of Determination of Gratuity and payment has not been supplied despite representations ( narrate details) 

Let the establishment reply in writing and decline.

If establishment has declined in writing approach; Controlling Authority.

Manish Sikdar ( Social Worker)     25 February 2017

 

Thanks, but whom i address the apple i.e appellate authority

Pls. confirm.

Ritesh Maity (Advocate | Labour & Industrial Law | Consumer Law)     25 February 2017

Send FORM I to the company and wait for a month. 

If there is no response or denial, make an application in FORM N to the controlling authroity within next three months.

Please note that if there is a delay of more than 3 months in filing FORM N from the last date of work, then enclose a petition for condonation of delay along with FORM N. 

Kumar Doab (FIN)     25 February 2017

Send to MD of both your employer/Principle employer.

You are likely to get a response.

 

Manish Sikdar ( Social Worker)     27 February 2017

Thanks for guiding on.. 

Lastly, when I’m eligible for withdraw it (after 4 yr. 240 / 5 yrs) complete the Job or else resign from the esteemed Org.

Please help in this regard.

Ritesh Maity (Advocate | Labour & Industrial Law | Consumer Law)     27 February 2017

You will be entilted to gratuity upon cessation of employment provided that you have completed 5 years of service.

Kumar Doab (FIN)     27 February 2017

After separation by resignation/termination if employee has worked for 4Y and 190/240days.


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