Gratuity eligibility

Hi

You have eligible for gratuity, apply one month before you relieve with proper acknowledgement.

Any org work below to ground and less than 6 days are eligible is 4 years 190 days. you can go ahead

The Payment of Gartuity Act, 1972 is applicable to all employees without any discrimnation between 'Workman', 'Non Workman'................................there is no wage ceiling and no limitation.

The delay if any pleaded by employer can be condoned.

https://www.lawyersclubindia.com/forum/Gratuity-eligibility-124183.asp

Approved leave, off days, holidays all are counted in service period.

If you have chosen to retire by notice of resignation then you can submit FormI ( of course under proper acknowledgment), 30 days before your expiry of notice period/LWD.

There are unlimited no. of threads with similar queries and judgments at LCI at:

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

e.g.

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp

Payment of Gratuity Act,1972: Sec:2A was inserted in the Act and the Act is a statue.

Andhra High Court

Kothari Industrial Corporation, ... vs Appellate Authority Under The ... on 12 September, 1997

https://indiankanoon.org/doc/762511/

5. Section 2(c) of the Act states that "continuous service" means continuous service as defined in Section 2-A(sic.). Section 2-A of the Act is as follows :-

10………………… and the question of counting the actual working days in respect of them does not arise. As a result, we find that the contention raised by the petitioner is totally meritless. The whole case of the petitioner was based on Lakshmi Vishnu Textile Mills Ltd. case (supra) which as pointed out already has been overcome by the Legislature itself by amendment in the Act by bringing in Section 2-A on the statute book, In result, both the writ petitions are, in our view, totally meritless and deserve to be dismissed.

It has been discussed in following thread;

https://www.lawyersclubindia.com/forum/Steps-to-submit-form-i-in-payment-of-gratuity-act-1972-116100.asp#.VS_tbNyUcqM

and judgment can also be downloaded......

You may also draw the attention to word' WHOEVER' avoids  to pay Gratuity .....................and penalty of Rs.20000/ and punishment with jail time as in Sec:9................

Dear sir,

Thanks for your suggestion. Please advise if there is any form which i need to submit for withdrawal gratuity (one month before last working day in the organisation) or, organisation will make this payment as part of full and final settlement.

regards.

Pratap

It has already been posted that;

"If you have chosen to retire by notice of resignation then you can submit FormI ( of course under proper acknowledgment), 30 days before your expiry of notice period/LWD."

and threads on it have also been quoted.

Take help of elders in the family,employee's/trade unions, Labor Law Cosnultant if you are unable to handle on your own.

The query has been properly addressed by expert Mr. Kumar Doab, hope this resolves all his questions about this that may repeat.

@ Zas,

Always initiate a new thread.

You should check if you submitted leave application, kept a copy, obtained proper acknowledgment, proper approaval or not............................and that leave was not recorded as a break in service by employer.

@Zas,

Count yourself from DOJ-LWD.

Dear Sir,

Please confirm me whether I am eligible for graduity claim or not. My joining date is 17/05/2011 and planning to switch by 1/09/2015. I work 6 days in a week.  

@ Dhirendra,

It is simple mathematical calculation.

Count yourself from DOJ-LWD.

You shall not be eligible as per the Act.However employer can still pay by his/her sweet WILL.

@arulprasath

it is Any org work below to ground or working days are less than 6 days are eligible is 4 years 190 days. 

it is or not end. it should mean either below to ground (irrespective of number of days) or any other organization works less than 5 days in a week. hence any organization which works less than 5 days a week (either works below to ground or not) eligible for gratuity after 4 years 190 days. 

@ Vikas,

It is 4Y190D; if establishment works for less than 6days/week.