Payment of Gratuity Act, 1972

(e) "employee" means any person (other than an apprentice) employed on wages…………..

(s) "wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment…………………

--------You have posted that:

“probation period after my joining was 1 year. ‘

Implying you were appointed on wages/salary and employer-employee relationship is established. Payment of Gratuity Act covers all employees appointed on wages/salary.

You were on probation period and not on training or as apprentice on stipend under Apprenticeship Act.

--------From many of the threads it is found that many or rather majority of the HR personnel have started to believe and practice that their only job is to fulfill the inner wishes of their masters even if they have to resort to unethical, unfair and even unlawful/illegal practices.

In this Act there is a provision for BOTH punishment and penalty for such individuals.

You may point out this section to this HR person and stress upon the word “WHOEVER”

Section: 9
Penalties.

(1) Whoever, for the purpose of avoiding any payment to be made by himself under this Act or of enabling any other person to avoid such payment, knowingly makes or causes to be made any false statement or false representation shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend to ten thousand rupees or with both.

(2) An employer who contravenes, or makes default in complying with, any of the provisions of this Act or any rule or order made there under shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine which shall not be less than ten thousand rupees but which may extend to twenty thousand rupees, or with both:

Provided that where the offence relates to non-payment of any gratuity payable under this Act, the employer shall be punishable with imprisonment for a term which shall not be less than [36] [Six months but which may extend to two years] unless the court trying the offence, for reasons to be recorded by it in writing, is of opinion that a lesser term of imprisonment or the imposition 01; a fine would meet the ends of justice.

--------If you have tendered notice of resignation you have notified the employer for your date of retirement. You can submit FormI (under proper acknowledgment) for payment of Gratuity one month before from your date of retirement/DOL.

--------Since this HR person has misguided you, you should submit formI to o/o appointing authority, and report the conduct of this HR person by a letter under proper acknowledgment. It shall be better if you record (audio/visual) the lecture of this HR person, misguiding you, and keep some witness e.g; colleague, trade union leader, companion, relative, friend………………

A little action at your end shall help fellow countrymen, colleagues, employees and your effort shall help to reduce one unscrupulous HR person from the industry.

Such individuals are not fit to be left to loose around in a civilized society.

I joined current company on 01.06.2008 to day is 16.05.2013. Should I elligibale for Gradutity.

@ Sarav,

Always start a new thread.

If you have rendered uninterrupted service as per:

Section: 2A: Continuous service: (1) an employee shall be said to be in continuous service for a period………

Then you are eligible and may refer to 2(a) (i) (ii), (b) (i) (ii)  

Submit FormI under proper acknowledgment, without any delay, and do not forget to demand acknowledgment of having received your FormI. Prefer redg. post and avoid speed post/ courier.

If the Gratuity Fund is managed by LIC demand to provide you certified copy of the payment advice, amount disbursed by LIC for you.

If the company personnel show tantrums draw their attention to Sec 9 which is already mentioned above.