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Payment Of Gratuity - High Court

sgvivek Started The Discussion:

Dear All,

Request your inputs for one of the case here,

As one of the employee has completed 4 yrs and 300days in the present organisation , as per rule of payment of Gratuity act he should complete 5 yrs to claim gratuity,
But now he claims he is eligible for gratuity after completing 4 yrs 240 days

Request you to give me your inputs.

Regards,
Vivek

monica pankaj - Contributing Member
I am sending you the file of updataions done by Govt in Gratuity for employees...


Attached FilesProvided by community member monica pankaj. Join us to learn and grow with your peers.
File Type: pdf Gratuity Act (Gazette Notifications) [1][1].pdf (726.5 KB, 821 views)
ud5577 - 
Dear sir,

My self Umesh Divekar
PF A/C No. MH/VA/44359/1311

i have submitted PF Withdrawal form last 15 FUB 2010 but right now i am not
receiving pf amount and when i call pf office kandivali they call me your pf under
process and it will take some no people given any proper answer to me . 022
27814315 this Tel NoS are every time busy and some time no body receive
phone
if you have any solution for it pls reply me . sir, i have already sent
complaint to kandivali and bandra office but there is no responde

Thanks
Umesh Divekar
9923887797

Sunalini Rana - Contributing Member
Dear Umesh,

You can check the details on EPF Website EPFO. It has Grievance management portal as well. You can know your claim status @ EPF India. If you have given right PF number and if your company's name is SPECTRUM BUSINESS SOLUTIONS LTD, then I am afraid they have not received your withdrawl form.
If you have send it through courier, write to Grievance Management team giving reference of the same.



Quote:
Originally Posted by ud5577 View Post
Dear sir,

My self Umesh Divekar
PF A/C No. MH/VA/44359/1311

i have submitted PF Withdrawal form last 15 FUB 2010 but right now i am not
receiving pf amount and when i call pf office kandivali they call me your pf under
process and it will take some no people given any proper answer to me . 022
27814315 this Tel NoS are every time busy and some time no body receive
phone
if you have any solution for it pls reply me . sir, i have already sent
complaint to kandivali and bandra office but there is no responde

Thanks
Umesh Divekar
9923887797

Dear SGVivek,
For Gratuity claim completion of 240 days of actual work has been accepted by the Courts. Hence though the employee has completed 4 years and 300 days of actual work, he/she will be eligible to claim the Gratuity as lawful right.
Ravindra Chaubal

pradeepanckumaran - Contributing Member
Hi Ravindra, This is a very valid information. is there any notification to this effect saying 240 days can be considered for claim. pls revert Regds Pradeepan

he is entitle for the Gratuity. SC has given in a judgement that if a person completed 240 days working in the fifth year he is entitle. lalit m sharma

R.N.Khola - Contributing Member
Dear Member,

Plz let us know the details on Hon'ble Supreme Court judgement.
Regards,
R.N.Khola
Sr. Associate (LL & IR)
Skylark Associates, Gurgaon (Haryana)
(Labour Law Consultants)
(M) 09810405361 (O) 0124-4264449
http://www.indiamart.com/skylarkassociates/
Quote:
Originally Posted by lalit m sharma View Post
he is entitle for the Gratuity. SC has given in a judgement that if a person completed 240 days working in the fifth year he is entitle.
lalit m sharma

DEAR IF PERSON COMPLETES 4 YEARS AND 240 DAYS WORKING DAYS IN FIFTH YEAR. HE IS ELIGIBLE FOR GRAUTITY. THANKS wms

I agree to Pradeepan.This information is very important since some of our staff will come under the said ambit of working less than 5 years. . Is there any notification to this effect saying 240 days can be considered for claim. Please revert with a support to this claim. URGENT PLEASE!!

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