Gratuity Act for 4 years 190days for 5 days a working.

Have you resigned?

What is the opinion of your own counsel?

As per the section/Act and also Maharatshtra payment of Gratuity Rules,you are eligible. You may submit a gentle communication addressed to good offices of appointing authority,MD,Chairman that 'Notice of Dtermination of Gartuity' and Payment has not been supplied to you despite representations and FormI is attached.

You may submit it of course under proper acknowledgment.

In case of delay you should be eligible for interest @10%pa.

Send application directly to MD/Chairman  and see the results for 15 days

Dr. Narinder Shukla

Advocate

Did you submit FormI?

Do you have the acknowledgment?

Payroll personnel shall follow the private and internal policies of employer for them and defend their interest/job.

The authorized signatory designated by employer may not be in payroll and might be someone else e.g. HR.

Hence submit written representation/POD of FormI to appointing authority,MD,Chairman.

Sec;9 of the Act provides for penalty and jail term to 'ANYONE' that avoids to pay Gratuity.

If you are unable to handle entrust to an able counsel.

Dear team,

Need an opinion. I worked for MNC registered at Hyderabad and Bangalore. I joined on 8Th October 2007 and Left company on 9th May 2012. I completed 4 years 7 months and 2 days in the company.  7 Months and 2 days are considered more than 190 days or not. Same is not clear. 

Would I be eligible for Gratuity or Not. As it was 5 days a week working.

A reply will be highly appreciated.

You are eligible.

Dear LCI querist @ Mr. sanjay gupta,

There should be NO confusion.

You may submit a gentle communication addressed to good offices of appointing authority, MD, Chairman that 'Notice of Determination of Gratuity' and Payment has not been supplied to you despite representations and FormI is attached.   You may submit it of course under proper acknowledgment.     In case of delay you should be eligible for interest @10%pa.

GO thru:

Payment of Gratuity Act, 1972; 2A {(2) (a) (i)}

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

There are many highly illustrated threads on similar query at LCI that you can go thru and even download judgments…………eg at;

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49

You are welcome.