Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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FundNopolis (Commercial Finance Consultant)     02 June 2014

Gratuity not being paid

Dear Sirs,

 

My wife worked with an Indian organization in Hyderabad for 4 years 11 months (340 days) from 18-05-1998 to 23-04-2003. It's a 6 day week.

 

Recently when she contacted that company they simply tell her that she is short by 1 month, hence not eligible for my Gratuity. The way they responded tell us they want to wash of their hands and don't want to discuss the matter further. We slog hard for so many years and in return our hard work doesn't pay off.

 

Any help is highly appreciated. 



Learning

 4 Replies

Vinod kashyap (Advocate & Legal advisor)     02 June 2014

Your wife is eligible for gratuity. contact a lawyer and arrange to issue notice. If required file a complaint in competent authority.

Kumar Doab (FIN)     03 June 2014

There are many threads on similar queries at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.U43E6UeBmXU

e.g:
https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.U43FBkeBmXU

After the Supreme Court of India Judgment Sec2A was inserted in the:  

Payment of Gratuity Act 1972.

You may refer to: Sec2A : 2(a)(i)(ii) (b)(i)(ii)

The Section is self explanatory and leaves no place for any speculation.

Sec2A:(2)  shall come into play after Sec2A;(1)

The formulae for calculation is  

{( Basic+DA)/26*15*No. of years in service}

Basic+DA as per last drawn salary.

In one  year you have worked for >6M you may count it as 1Y.

 

Don’t remain entangled in verbal transactions.

Saying and telling is not on record until it is record (audio/visual) or you have irrefutable witness, evidence.

Submit a written representation narrating all previous representations (mention names, dates, brief minutes……………………) and conclude despite so many representations notice of determination of Gratuity and payment was not supplied to you and on dated……………………….Mr/Ms…………………..has declined to make the payment of Gratuity?

 

 

You may submit FormI under proper acknowledgment preferably by redg. post and obtain POD and certified copy of runs sheet of postman from PO.

 

If company makes false statement verbally record it (audio/visual) or Let company decline in writing.

If you have evidence You can put emphasis on word’ Whoever’ in Sec;9 and provision of penalty, punishment with imprisonment.

 

 

If company has made false statement about applicability of the Act to it and has denied payment then it shall have to pay interest @10%p.a. for delayed period. 

FundNopolis (Commercial Finance Consultant)     03 June 2014

Hi Kumar,

 

So am I eligible for the gratuity?

 

How can I justify my case to the HR of that company?

Kumar Doab (FIN)     03 June 2014

Nothing is left to be explained further in the query.

The thread referred to you is more than sufficient.

You may take the suggested steps, of course in writing and proper acknowledgment.

Nothing is reqd. to be explained to employer of his attorney..........................say HR.

They are supposed to know and they know ...........................................

The underlined reason they don't want to pay.

Therefore you have to build written record and be ready to lodge complaint with authority say.....................Inspector appointed under the Act, ALC (that may issue FormN), Controlling Authority of Gratuity.................................  

Mr. Kashyap has already suggested to approach your lawyer.

If you can't handle the matter on your own entrust it your Labor Consultant/Service lawyer.

The payment of Gratuity Act is attached, the latest version should be available on the dept. of labor website of your state or you can buy from market.

If you are member of employee's union, trade union the well informed leaders can also help you.

 

 


Attached File : 727835277 paymentofgratuityact(1).doc downloaded: 59 times

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