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vinodray parmar (professor)     19 March 2016

Length of service for calculation of gratuity

Sir, In my case of Direction for Payment of Gratuity ( Form N ), the Controlling Authority has considered number of years 11 instead of 12. My Date of Joining is 09/09/2002. Date of verbal termination is 20/08/2014. From 12/03/2014 to 19/08/2014, I was on LWP because of orthopedic surgery i.e. Temporary Disablement. The judgment does not consider this period because the total working days in the last year i.e. 12th year is less than 240. As far as I understand, as I have completed more than 5 years of continuous service, in the last working year if the period is greater than six months, then it is taken as full working year. Even if the LWP period is not considered, the total Length of service becomes 11 years 6 months 3 days. So again my full working years for the calculation for Gratuity should be taken as 12. Kindly clarify whether my Total Length of Service is 12 years or not? If yes, whom should I approach for the appeal? Within how much period? Do I have to deposit any amount with higher authority for the claim of 12-year gratuity? Thanks.


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 4 Replies

vinodray parmar (professor)     19 March 2016

Try to add value to the discussion, with your each post.

vinodray parmar (professor)     19 March 2016

Sorry, I misunderstood submit button!

Kumar Doab (FIN)     21 March 2016

Your understanding is correct.

Did the company submit 'Notice of Determination of Gratuity'?

Submit to controlling authority and point out the error or appeal as laid in the Act.

 

vinodray parmar (professor)     21 March 2016

Many Many thanks Doab Sir for your quick response. Company has not submitted ' Notice of determination of Gratuity'. In fact there is no response from them. 

I have pointed out about the error to the Controlling Authority. I am advised to approach Applette for the same within 60 days.

Again thanks for prompt reply which has strengthened my understanding and stand for further appeal.

-Vinodray Parmar


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