Piush shukla 21 October 2018

Gratuity amount not given by company

I worked on us based MNC on noida office from 10 Sep 2013 to 6 Aug 2018. when I asked to pay gratuity amount to me and send mail about to company and in email i already quoted section 2a of gratuity act of completion of 4 years 260 days .

Then they replied to me

1. They will not provide gratuity amount unless 5 years of completion
2. Your Grievance related to Gratuity.
Please be assured that we take such matters seriously and hence have a separate independent team that investigates such issues. We will be coordinating with our other internal departments to gather your information. In the meantime, we will freeze further processes and proceedings related to your employment records, until this matter is fully resolved .

so my question is that

1. what action I need to take to get the gratuity amount .
2. In their response they told me that they will freeze my employment records, so what does it means ??
3. If they are not doing my verification for employment ? Then what I can do ??

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7 Replies

dr g balakrishnan (advocate/counsel supreme court) 21 October 2018

sorry sir, u r short of 105 days ,unless the company condones, again it cannot get tax exemption under gratuity payments. unless you complete full five years under that act it is indeed impossible unless theMNC is willing to condone and accept tax liability so no point moving court just appesl to the company board of management is my advice. tks

Piush shukla 21 October 2018

Sir , how I can sort of 105 days ? If 5 years then I m sort of 35 days only . and can you please answer my second and third question ?

G.L.N. Prasad (Retired employee.) 21 October 2018

Because your gratuity is pending, and as you have claimed though not legally entitled under the Act, everything has come to stand still.

Please decide on gratuity, and then if you still insist for gratuity abide by their decision. If you do not want gratuity, you may send a registered letter to them that holding other benefits are not legally proper and justified and request them to take action as per laid down norms on providing relieving certificate and other formalities.

(There is no such thing that because gratuity amount is pending, all other matters can be postponed on this lame reason)

Piush shukla 21 October 2018

Sir , I already got the relieving letter and other things . My only query is that do they deny my employment verification if other company does.

G.L.N. Prasad (Retired employee.) 21 October 2018

You need no worry as reputed employers can not resort to such cheap tactics. Please do not assume such things and never seed fears in your hearty, there is no danger from them.

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P. Venu (Advocate) 21 October 2018

Though the qualifying period for eligibility for gratuity is 5 years, some High Courts have held that who have completed 240 days service in the 5th year are eligible. You may escalte the issue on this basis, if so advised.

Other issues have no nexus to other issues. The company is expected to settle the issues in accordance with the extant norms.

Piush shukla 21 October 2018

Thanks venu sir . Currently I m working one of the top it company of India and here years and 240 days . Please suggest me some lawyer so that I can draft my case and send notice to my employer.