Upgrad LLM


I have worked with a corporate office for more than 10years. Company has not issued any appointment letter or entered to any Retainer agreement. Contrary to discussion during interview, Company has itself assumed me as Retainer without my consent. Co is now refusing to pay gratuity. please advise if I am entitled to gratuity

Having worked for 10 long Years in Corporate Office, IT is you that have to know your relationship was of employer-employer or Retainer as in query and stake claim that you were employee, on FTC (extended thereafter), or on contract….


The establishment might be having IT’s Policy/Rules, Standing Orders (Model/Certified) to cover engagement of persons as in your case..and pay the payouts per rules/policies of the establishment..

Hope you have the bank credits and/or payment of billed amounts or salary slips or Form16 etc etc


You are at liberty to take help of seasond employee’s trade union leaders, very able LOCAL counsels and understand that your relationship was that of employer-employee!


You must be having some evidence to establish that you were in employer-employee relationship or having confidence that authority’s e.g; Inspector can find out the relationship was employer-employee or you were performing duties similar to that of employee.

Or establishment having paid Gratuity by IT’s own ( better benefits) scheme in payouts to you.

Generically speaking; if retainership was as employee and extended for 10Y, the claimant may succeed.

However obtain opinion, 2nd opinion from Local Counsels by showing all docs, inputs and proper legal opinion in writing and attach, after removing all names etc to maintain confidentiality.

Gratuity can be claimed by submitting requisite forms; FormI under proper acknowledgment 30days before dtae of retirement /upon separation and employer is to provide ‘Notice of Determination of Gratuity’, Payment of Gratuity within 30days from LWD or tender interest @10%pa.


Saying, asking, telling are all verbal modes of communication and difficult to prove.

Transact in writing and under proper acknowledgment, preferably under expert advice of your own very able LOCAL counsel. 

The establishment might have or may communicate IT’s stand in writing!


There are endless number of querists posting from Metro Cities; Mumbai/New Delhi etc  and even Non-Metro cities, smaller cities ;Agra, Abu Road, Andemans and Nicobar, …..that post artfully crafted queries.

There are many threads in which postors operating at online portals from multiple fake ID’s have been posting to forget staking claim for pending dues; Salary, Gratuity.


Everyone realize sooner or later that one needs to find and get in touch with very able LOCAL counsel specializing in concerned field of law.

Certainly there are many threads OLD and NEW with highly illustrated responses with citations in Threads, Files, Articles at LCI and citations in same, similar cases fully help to provide relief.

Citations otherwise also help and counsels and Courts of Law base on citations.




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You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife)  etc and  find a very able LOCAL counsel specializing in concerned filed of law e.g; Labor/Service  matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs,  evidences on record.

Obtain proper legal opinion in writing!

Avoid acting on your own on hearsay.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.

Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.

One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.

Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.

 Such IT’s and entities keep on poping up at online portals with fake and new ID’s after  their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.

There are such very able counsels at each location.

Check for such counsels at LOCAL; Labor Court/CGIT, CAT/School-Educational Tribunal/Civil Courts, HC, SC,..

You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Labor/service matters.

Your counsels  may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.

Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.

There have many instances of such entities operating with multiple fake Id’s at online portals.



The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.

Many counsels even at State Capital/Metro towns  do not demand unreasonable high FEE.

IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.

In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.

You can go thru/search the cases contested by any Lawyer at court website.

Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.

Obtain proper legal opinion in writing.


You may succeed to establish employer-employee relationship 

Establishment shall have to estbalish that you were not employee and said retainer as in query.


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Thanks a lot for your opinion Om Praksh and Kumar Doab. I need to consult a local counsel as suggested.



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