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Gratuity eligibility

Hi sir, I have joined my company on August 1st 2013. I have completed 4 yrs 9 months. i will be releving on may 11th. Please let me know if i am eligible for gratuity. If yes, please send me amended gratuity page. It will be helpful to check with my HR Regards, Anand


 4 Replies

Kumar Doab (FIN)     04 May 2018

What is this establishment; private, govt?

Which gratuity rules apply? Do you have copy of PF, Gratuity Rules applicable to establishment?

If yes; post link or attach.. Erase all names etc to maintain confidentiality.

What is your designation/nature of duties e.g; you are teaching, Non teaching staff?

The establishment works for; 6 days/week or less than 6 days/week?

Did you submit formal request in writing under proper acknowledgment to pay Gratuity?

Do you have irrefutable record of employer-employee relationship? (Refer to some docs in subsequent posts)



Kumar Doab (FIN)     04 May 2018


Assuming that Payment of Gratuity Act is applicable to such establishment in which you are working


GO thru: Payment of Gratuity Act, 1972;1,2A https://clc.gov.in/clc/sites/default/files/PaymentofGratuityAct.pdf

   and check if your establishment is covered and you are eligible..

You may also go thru simple to understand:

THE PAYMENT OF GRATUITY (CENTRAL) RULES, 1972 https://labour.gov.in/sites/default/files/ThePaymentofGratuityRules.pdf

   and simple to understand Rules by your state e.g;
The Payment of Gratuity (Maharashtra) Rules, 1972 https://www.esipf.com/labour-law/the%20gratuity%20act.pdf

   If you are a teacher and Act applies to establishment , you should be eligible; GO thru details at; Discussion > Labour & Service Law > Gratuity > Is the private school teachers applicable for gratuity ? https://www.lawyersclubindia.com/forum/Is-the-private-school-teachers-applicable-for-gratuity--92288.asp


If Act applies and condition in Sec;1 is satisfied you should be eligible..

Kumar Doab (FIN)     04 May 2018


Employer can pay Gratuity on LWD with FnF.. Employee can submit letter to pay Gratuity 30days before LWD.. Still; You are closest to the facts and nature of establishment and bosses and HR personnel you are working with………. And may keep copy of notice of resignation (also POD), and get offer letter, appointment letter, salary slips of all months, PF number and a/c slips of all years, ESIC card, correct FnF statement, Form 16 as per correct FnF statement, acknowledgment and acceptance of notice of resignation/final resignation, acknowledgment of handover of charge, NOC/NDC……………  

After relieving submit letter under proper acknowledgment stating that ‘Notice of Determination of Gratuity’, payment, requisite forms are not supplied and may be supplied… If employer does not pay within 30days from LWD IT has to tender interest @10%pa… Rest post Gratuity Rules.. You can very well post at the said website posted by you and also take help of united Teachers forum..officials in State Education Directorate/Univ... If nothing works then you may have to approach Controlling Authority of Gratuity (and may not the court) and submit FormI





Kumar Doab (FIN)     04 May 2018

You will also find that there are IT’s entities and alikes on IT’s tail, that have attempted to distract sharing of information, citations, relevant act/enactments, judgments and have littered IT’s Trademark nuisance, sarcasm ,abuse and TAMASHA and failed miserably and became  sole TAMASHBEEN  ( own favorite words of IT’s entities) for a simple reason that such IT’s and entities do not want sharing of information for e.g; community of employee’s and want at allure and fleece unsuspecting querists………..and loiter at online portals to find BAKRA (SHIKAR……..clients) ………………….nothing else!


Make such entities popular and blacklisted permanently amongst communities and companies unions..


Get in touch with seasoned LOCAL employee’s/trade union leaders……………………!


And approach your own very able senior LOCAL counsel of unshakable repute and integrity specializing in Labor/service matters and having successful track record ….. and worth his/her salt …and discuss in person and even seasoned employee’s/trade union leaders and proceed in best of your interest.. 


Check at LOCAL Labor Court/CGIT, Controlling Authority of Gratuity, School-Educational Tribunal, CAT, Civil Courts, HC,SC……..

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