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Gratuity cases

Akshit Gupta Started The Discussion:

Dear All Members,

If somebody can guide me regarding my Gratuity related issue?
I worked for a limited company for 9.5 years. In the appointment letter they have mentioned that you are eligible for the all co.'s benefits but not mentioned like PF & Gratuity words.

Now when after resigning from the company I requested for the gratuity they say that they do not pay any.

What are the rules? As per my knoledge even a shopkeeper has to pay the gratuity to the sales man if he has worked more than 5yrs. But I was working in a Limited company where more that 500 peoples are employeed.
Can I file suit against the company? Where I have to file the suit to get my gratuity?

Please help>>>>

R.N.Khola - Contributing Member
Dear Akshit,

Why the company is not paying gratuity to its employees is not known to us. If the Act is applicable to the company then they must pay gratuity whether written in the appointment letter or not. As the company have refused to pay gratuity then you are to approach the Labour Office of your area.First file a complaint for non payment of gratuity before the Labour Inspector/ Labour Enforcement Officer of the area. If the matter is not solved at this level then you are to file a claim case before the Controlling Authority under the Payment of Gratuity Act, 1972. The Inspector will tell you which officer of the labour department is empowered to hear & decide such cases.


Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
311, AKD Tower, Sector 14, Gurgaon
09810405361

Vasant Nair - Contributing Member
Even if it has not been stated specifically in your Appointment Letter, you are very much entitled to receive Gratuity.

If you have worked for 9 years and six months, then you are entitled to receive Gratuity for 10 years subject to the then defined ceiling of 3.5 Lacs.

To begin with, send to your previous employer a request in writing, under Registered Post, asking for payment of your Gratuity.

In case they do not, then you could make your representation to the concerned authorities constituted under the Payment of Gratuity Act.

Best Wishes,

Vasant Nair


Quote:
Originally Posted by Akshit Gupta View Post
Dear All Members,

If somebody can guide me regarding my Gratuity related issue?
I worked for a limited company for 9.5 years. In the appointment letter they have mentioned that you are eligible for the all co.'s benefits but not mentioned like PF & Gratuity words.

Now when after resigning from the company I requested for the gratuity they say that they do not pay any.

What are the rules? As per my knoledge even a shopkeeper has to pay the gratuity to the sales man if he has worked more than 5yrs. But I was working in a Limited company where more that 500 peoples are employeed.
Can I file suit against the company? Where I have to file the suit to get my gratuity?

Please help>>>>

abbasiti - Contributing Member
Dear Vasant Nair, For Gratuity calculation, service of 9 years and six months will be rounded down to 9 years. To get rounded up the fraction should be more than six months. Abbas.P.S

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