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Sasi pm   22 June 2017

Gratuity eligibilty

My Company will be stop working on 30th jun due to process ramp down . I have completed 4.7years as on 30th jun . kindly let me know if i am eligible for gratuity as this not my intentional resign


Learning

 13 Replies

Kumar Doab (FIN)     22 June 2017

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

Sasi pm   23 June 2017

6 days/ week

Kumar Doab (FIN)     24 June 2017

The process ramp down may not neccessafrily be closure.

Request the company (under proper acknowledgment) to accomodate you in other dept.

What is communicated to you in writing?

Kumar Doab (FIN)     24 June 2017

240 days in 5th year are required.

Neverthless employer can pay by its sweet will.

subir Gupta   24 June 2017

myself worked 4yrs 301 days in limited company.company closed their division. released me. not resigned. I am demanding gratuity money. they are saying as per 1972 act i am not eligible. give me the latest verdict so I can stand a strong point for my demand.

subir Gupta   24 June 2017

pl give me the latest verdict of supreme court for gratuity pay.

subir Gupta   24 June 2017

waiting for your reply.

Kumar Doab (FIN)     24 June 2017

1st of all submit FormI under proper acknowledgment.

There are many threads on similar query at LCI:

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

e.g;

https://www.lawyersclubindia.com/forum/details.asp?mod_id=28768&offset=1

You can search other threads in SEARCH option in Forum on bottom of the web page and in Experts section on middle of right hand side. The threads contain attachments i.e. Rules, judgments, FormI also .

 

Kumar Doab (FIN)     24 June 2017

Same Query:

https://www.lawyersclubindia.com/experts/latest-verdict-of-supreme-court-on-gratuity-eligibility-645306.asp

 

Kumar Doab (FIN)     25 June 2017

Dear LCI Querist @ Subir Gupta,

The links already provided to you and other that you can search in SEARCH option has enough threads by employee's that have succeeded by their own skills.

While you may submit FormI under proper acknowledgment, avoid litigation as much as possible.

Kumar Doab (FIN)     25 June 2017

As already suggested and appreciated by you, you may show all docs, agreement signed by you, communications, evidences on record to a very able local senior counsel specializing in labor/service matters for a considered opinion.

Labor/Service matters is altogether different filed of law and at each location there are a few counsels that specialize in it and they are very well known.

Usually such matters are referred to them by any counsel worth his/her salt.

Lawyers handling civil matters usually do not meddle in Labor/Service matters.

Inquire locally for such counsels and you will have a list of all such few counsels at your location.

Chose carefully, a counsel that suits you.

Use the inputs received by you in this thread in your future endeavors.

Online discussions have its own limitations and are not substitute for considered opinion and consultation with due examination of relevant docs and inputs in person with a counsel specializing in respective field of .

 

There are endless numbers of threads at LCI also by unsuspecting querists that have been fleeced by posers posing as expert lawyers.

 The discussions at LCI are FREE and should not be exploited as a medium to allure unsuspecting querists to pay a FEE in the name of so called consultation……………

Kumar Doab (FIN)     25 June 2017

Dear LCI Querist @ Sasi pm, 

The simple and straight approach that you may adopt is;

---Downlaod the Gratuity rules of the establishment. Some publications suggest that some establishments offer Gartuity payment even after 2years of employment.

The Payment of Gartuity Act,1972; S; 4(5) also allows such better terms of Gratuity.

 

https://www.labour.nic.in/sites/default/files/ThePaymentofGratuityAct1972.pdf

---Check if Gratuity is mentioned in CTC.

--Check what is issued to you; Notice of Termination and what is the reason mentioned in it.

or Retrenchment, Or what exactly the act of employer is say; lay off..........

 

If it amounts to retrenchment then you can claim in addittion retrenchment compensation.

Post full details.


Attached File : 60926 20170625184711 871431318 thepaymentofgratuityact1972 1 .pdf downloaded: 83 times

Kumar Doab (FIN)     25 June 2017

Dear LCI Querist @ Sasi pm, 

A little carefullness, application of skills, support of elders/well wishers/retired employees/unions/counsel as suggested above can fetch you results even without litigation...................

The employers have settled Gratuity in such/many cases and there are many publications by many employees.

Try with yournown skills and with help, before you give up. 


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