sanjay_mulaye@rediffmail.com
if emplyee is completed 4 years & 7 months of service, whether he is eligible for gratuity? with regards, SANJAY
From India, Pune
70b2c3138cf4596784490986c
sir,
can you give suggestion
we paid amount of Rs:2350/- for new telephone connection and modem charge and 512 kbps internet plan charge.. my receipt date 10-12-10 bsnl department said we shall give connection within three days above conditions i paid amount. presently they said there is no cable we cant do any thing we will give amount return back.
is there any suggestion from your side. is there any right to me to get internet connection. i am not interesting to take return back the amount.. already we received receipt from bsnl rs: 2350

From India, Vijayawada
R.N.Khola
363

Dear ,SANJAY, No. He is not eligible for gratuity in accordance with provisions of P G Act, 1972. R.N.Khola
From India, Delhi
kprasoon
173

Dear Mr.D. Phani Kumar, (Sr. Manager- P&A, Zuari Cement Ltd.)
With reference to your input on "about gratuity", I would like to bring to your notice that employer is liable to pay the gratuity within 30 days from the receipt of Form 'I' (application for payment of gratuity) from the employee concern and not within 15 days as mentioned by you.
Section 8 (1) (i) is very clear on time frame of payment of gartuity.
[ Sec 8. (1) Within fifteen days of the receipt of an application (Form 'I') under rule 7 for payment of gratuity, the employer shall-
(i)if the claim is found admissible on verification, issue a notice in Form 'L’ to the applicant employee, nominee or legal heir, as the case may be, specifying the amount of gratuity payable and fixing a date, not being later than the thirtieth day after the date of receipt of the application, for payment thereof.]
Please make the required corrections in your input as such input will create confusion among readers.
regards,
Kamal Prasoon Sinha
17-12-2010

From India, Pune
nslnarasimhaswamy
1

dear Mr Yogesh,
In the case presented by you, the employee is eligible for Gratuity for 5years only as the part service completed by him beyond 5 years is not in excess of 6months for rounding it off to one year.The gratuity payable to him is monthly
wages last drawn by him divided by26 multiplied by15 and 5.wages as defined under the Gratuity Act means all emoluments earned by an employee while on duty or leave in accordance with the terms & conditions of his employment and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
Best wishes,
Narasimhaswamy
Hyderabad

From India, Hyderabad
kprasoon
173

Dear Mr. abbasiti (Abbas.P.S)
With reference to your input on "about gratuity", I would like to say that calculation of gratuity by taking average of last twelve months salary is not is not the right way to calculate gratuity as per the gratuity act.
I do not know why there is a confusion on this when "wages last drawn by the employee" is clearly mentioned in all forms ( I, J, K ) related to Payment of Gratuity Act 1972.
Even FORM 'L' which is a notice for payment of gratuity by the employer to the employee has a clause "Wages last drawn" under the Brief Statement of Calculation.
Regards,
Kamal Prasoon Sinha
17-12-2010

From India, Pune
santosh modak
1

Right formula is as follows:- Basic+Da/26 days X15 days in a year X No. of completed years.
From India, Thana
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