Pargat Singh Garcha (teacher) 08 September 2014

Grautiy eligibilty

respected Sir

i worked in Private college as regular employee for 5 years....... during these five years last year i.e 5th year i was on Extra ordinay leave (leave without pay) which was sanctioned to me by the management si i given my resign after completeing my one year leave..........in this way i completed 5 years.... so under above conditions whether i m eleigible for gratuity or not

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3 Replies

Kumar Doab (FIN) 08 September 2014

Teachers are eligible for Gratuity!

Refer: Payment of Gratuity Act 1972: Sec: 2(e),2A{(1), 2(a) (i) (ii)

You should be eligible.

Did you join duty after EOL and resigned later?

Has your resignation been accepted: if yes from which date: After the expiry of leave or before expiry of leave?

Has the employer supplied notice of determination of Gratuity or it has declined the payment in writing: if yes on which ground?

Have you submitted FormI under proper acknowledgment and has the company supplied any reply in writing?

Pargat Singh Garcha (teacher) 08 September 2014

I resigned after completion of my EOL leave........ i have to yet to claim my gratuity ...... my name was on attendence register and on pay roll during my leave period

Kumar Doab (FIN) 09 September 2014

Probably you resigned without joining after leave.

The employers view things from their view point.

Let the reply be given to you in writing.

IN the meantime you may consult an able Labor Consultant/Service lawyer with copies of standing orders, appointment letter, leave policy, Gratuity Rules of the establishment ...............................and may also go thru various threads on Gratuity at:

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.VA63QMKSwb8