Arvind (w) 26 September 2014
Dear Sir
I was employed for 13 years, I was paid annual bonus (8.33%) + 50 % extra of bonus amount.
When I left I demanded for gratuity but told that the annual payments consist of bonus & gratuity liability of company.
The company has only 17 people and no gratuity fund.
Should I accept the annual payment as final or I have rights to demand the gratuity as separate payment.
Arvind
Kumar Doab (FIN) 26 September 2014
What is this establishment registered as: Shop, Commercial, Industrial, Small Enterprise?
The registration certificate should have been displayed near entrance.
You may refer to: Payment of Gratuity Act 1972: Section:1:(3), 2(e), 4(5,6), 7, 9
Verbal transactions are not on record.
You may submit a gentle representation by letter addressed to good offices of appointing authority, MD, Chairman, Prop etc………………(avoid Line Manager, HR), by redg. post that despite your representations in office on dated………………………the notice of determination of Gratuity and payment of Gratuity has not been supplied to you and same be supplied to you by bank DD/CTS-2010 compliant payable at par cheque payable at………………………… by Redg. post only………………so as to reach you in next………………days.
Let the company reply whatever it wants.
The company if has not obtained mandatory insurance has to pay from its own resources with interest @10%pa for the delayed period.
If the company does not yield to your own efforts you can represent to……………….. o/o Labor Commissioner and ALC may issue formN……………………………/Controlling Authority of Gratuity.
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