Upgrad LLM

grauity-eligiblity


Dear sir

I have worked in a Pvt. company for 4 years and 9 months.My joining Date is 29-11-2012 and reliving Date is 31-07-2017.I have registered a case with Labour officer,But my company has given in written to Labour Officer that our company is present in 2 states so this case should go to central labour department not to the State Labour Officer.And they have submitted  my attendance data in which they have taken my 1st year attendance is only 200 days(They have calculated it to 29-11-2012 to 31-07-2013 in a reverse manner) and as per Grauity U/s 4(1) read with sec.2-A I am not eligible for Grauity.Please kindly anybody suggest me Is Iam eligible or not,and what should I do now.

Thanks in Advance

Regards

Mainuddin.N.K.

 
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FIN

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

 

 
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FIN

You may carefully go thru;

Payment of Gratuity Act,1972; 2,2A,7,9

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

The appropriate government is explained. Appropriate govt then the authority is likely to pass order.

The approved leave, off days, holidays etc are all counted in period.

On Number of days/continuous service, the establishment seems to be wrong.

 
Reply   
 
FIN

You must have received copy of reply of establishment.

Keep it carefully.
or obtain certified copy.

 
Reply   
 

As per the Gratuity Act, an employee who ceases to be an employee qualifies for Gratuity on completion of 5 years of Continous and uninterrupted services. Unless he or she has committed and had been convicted of having committed misconduct of a grave nature involveing Moral Tupitude Gratuity cannot be forfieted at all.

Having said, this, the question of 5 years of continuous and uninterrupted service has been dealt with the Madras High Court in an elaborate judgement. In this judgement, a person who has not technically completed, whole of 5 years of service from his/her joining, but had even worked for 240 days in the fifth and final year qualifies to receive gratuity, counting first 4 years as full years and the last year in which he/ she had put in 240 days of attendance & working being counted as one year.

Eligibility under gratuity act as well as in other labour laws, 240 days of working alone qualifies a person to be an Employee/ Workmen for certain specific Rights. Hence, relying on this criticial condition, the Madras high court had held that even if a person had completed 240 days of working (having earned wages/ salary for 240 days) in the fifth would otherwise qualify for gratuity, taking it to be the 5th year, though in the fifth year he / she might not have been on rolls for the whole of 365 days.

Now coming to the question of the specific reference, whether counting forward or backward, the person has completed 4 full years of service and as indicated in the post 200 days in the Fifth year. As the requirement of fulfilment of 240 days of woking (having earned wages including of course, weekly off and holidays with paid wages/ salaries), had notapparently been fulfilled as stated, the individual does not qualify for payment of Gratuity by the Employer. 

Ravindranath

Senior HR Proffessional & leading HR/IR Consultant

99400600382/ 9842306733 - eirvalsa@yahoo.com

 

 
Reply   
 

As per the Gratuity Act, an employee who ceases to be an employee qualifies for Gratuity on completion of 5 years of Continous and uninterrupted services. Unless he or she has committed and had been convicted of having committed misconduct of a grave nature involveing Moral Tupitude Gratuity cannot be forfieted at all.

Having said, this, the question of 5 years of continuous and uninterrupted service has been dealt with the Madras High Court in an elaborate judgement. In this judgement, a person who has not technically completed, whole of 5 years of service from his/her joining, but had even worked for 240 days in the fifth and final year qualifies to receive gratuity, counting first 4 years as full years and the last year in which he/ she had put in 240 days of attendance & working being counted as one year.

Eligibility under gratuity act as well as in other labour laws, 240 days of working alone qualifies a person to be an Employee/ Workmen for certain specific Rights. Hence, relying on this criticial condition, the Madras high court had held that even if a person had completed 240 days of working (having earned wages/ salary for 240 days) in the fifth would otherwise qualify for gratuity, taking it to be the 5th year, though in the fifth year he / she might not have been on rolls for the whole of 365 days.

Now coming to the question of the specific reference, whether counting forward or backward, the person has completed 4 full years of service and as indicated in the post 200 days in the Fifth year. As the requirement of fulfilment of 240 days of woking (having earned wages including of course, weekly off and holidays with paid wages/ salaries), had notapparently been fulfilled as stated, the individual does not qualify for payment of Gratuity by the Employer. 

Ravindranath

Senior HR Proffessional & leading HR/IR Consultant

99400600382/ 9842306733 - eirvalsa@yahoo.com

 

 
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Manager (Admn)

Dear Sir,

You are eligible to get gratuity and state Labour Department have the right roll to deal the issue.     

 
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Dear sir

Thanks a lot for you'r valuable reply,my company works for 6 Days in a Week.

 
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6 Days/week

 
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Dear all

I am happy to see the response i recived.Aand wish to share some more details,My company terminated me from my job without any written notice,and in my full service i have not given a single paid holiday.My company do not have my Resignation-Letter or termination letter.

 

with regards

Mainuddin.N.K.

9036120507

 
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