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Sandeep (Software Engineer)     04 October 2010

gratuity bellow five years

Hi ,

               i have complete 4 years and more than 300 days in a organization . i have to claim my grauity  but my pre company HR is saying that you are not entitled for gratuity as i havnt fininshed 5 years . please suggest me abt the same.

 

Thanks

Sandeep Rai



 9 Replies

H. S. Thukral (Lawyer)     04 October 2010

Working for more than  240 days in the fifth year shall be counted as continuous service for five years and shall entitle you for gratuity. Submit the demand in proper form as provided under the Rules. If the employer does not pay, you can approach the authority under Payment of Gratuity Act and you shall also be entitled for interest from the date of demand.  

VINAY KUMAR AGGARWAL (Head H R)     05 October 2010

Dear Mr Thukral,

Is there any judjement in this regard. If Yes can U give details of that. In case an employer ask his employees to leave the Organisation after 4 and 1/2 yrs  service without any valid reason what is the option with the employee to claim his/her gratuity.

Rama mohan Acharya (Manager HR(Legal))     05 October 2010

An employee who has put in his service for a period of 240 days in fifth year will be deemed to have continued in the service for 1 year.

Mettus Beardsell Ltd., Madrs Vs. RLC(C) 1998 LLR 1072(Mad)

1 Like

Sandeep (Software Engineer)     05 October 2010

hi

Thanks for the valuable suggestion . but if still my pre compay HR is saying that not liable for GRATUITY then what should i do.

Pls reply.

Thanks

Sandeep

Sandeep (Software Engineer)     05 October 2010

Hi Mr. Thukraj,

                    Thanks for ur valuable suggestion , pls let me know if still my HR Person is saying that i m not liable for gratuity then what should i do,

Pls repl me.

Thanks

Sandeep rai

H. S. Thukral (Lawyer)     05 October 2010

As I said earlier, the first step is to demand the gratuity from the employer in a performa application . If there is denial you can approach the authority under Payment of Gratuity Act. Again there is format for making an application before the Authority.  He will make appropriate order for payment. It can be recovered as arrears of Land Revenue.  

Sandeep (Software Engineer)     06 October 2010

Hello Mr. Thukral,

                               How i will get this performa application form . should i demand the same form, from my company or its a written application for demanding gratuity. Please suggest.

Thanks

Sandeep rai

 

 

 

Originally posted by :Sandeep
"
Hi ,

               i have complete 4 years and more than 300 days in a organization . i have to claim my grauity  but my pre company HR is saying that you are not entitled for gratuity as i havnt fininshed 5 years . please suggest me abt the same.

 

Thanks

Sandeep Rai
"

H. S. Thukral (Lawyer)     06 October 2010

Form 'I' and Form 'N'  are the formate for demand and directions respectively. You can find the same in Payment of Gratuity Rules 

1 Like

Deepali N (Senior Executive-Accounts)     29 January 2011

Respected Thakural Sir, my case is just same as Mr Sandeep's. I have worked for a co.((covered under shops & establishment act) for the period 4years & 325days in fifth year  (24th Nov2005 to 15th October2010). Am I legally eligible for Gratuity? Is there any ground on which my employer can deny my claim – may b on co’s policy or rules ground? What is Supreme Court’s say on Madras Highcourt judgement for gratuity eligibility as 4years & 240days? Pls advise.thank you


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