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Murtaza   13 March 2019

Gratuity amendment - eligibility

Dear Lawyers, My Question Here is, My HR is not allowing my gratuity saying that the clause of 5 days week which i have been employed in does not imply here (I was working in a Bank), Stating that this Clause is not applicable to BFSI (Banking, Financials services, Insurance sector, and is Applicable for Mining seasonal or temporary nature of activities in an industry.  Please guide.



 6 Replies

Suhail suhail (LAWYER)     13 March 2019

In which bank you were working ?



Murtaza   13 March 2019

OM PRAKASH : Apologies, but my last question is not answered so i raise it again.

My gratuity amount is Approx. Rs 24500, i guess you meant the same in this above thread : "Weigh the expenditure to file labour case otherwise your problem will not be solved."

Murtaza   13 March 2019

But i was very confused with the revert  on my previous post :

OM PRAKASH  :  Murtaza, I am sorry that I failed to write the word NOT, which I repeat with, that the fifth year service should be 240 days. It has no connection with 5 or 6 days week, Sunday or holidays, but simply the 240 calendar days in the fifth year. Thanks to Mr. Kavksatyanarayana.  

Further More confusing is my query : 

I need a little clarification on below if someone can help me out which is marked as Bold  

Where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause

(1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer

(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than

(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and

(ii) two hundred and forty days, in any other case:

Murtaza   13 March 2019

So Basically If I am by law and act eligible for the above criteria then only i can file a labour case against them and that is the question. please guide.

Murtaza   13 March 2019

Dear Mr. Om Prakash, I was working with the bank. Which works for 5 days a week. Served for 4.6 years Joined on 30-06-2014 Left on 31-01-2019

Murtaza   14 March 2019

Thank you for the clarification thats where i was confused. responses much appreciated.

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