Srinivas S.K
Dear sir
I have worked for my company from April 2003 to December 2010. I have resigned now without any problems with the company. I asked for gratuity settlement but they say there is no such policy of paying gratuity in the company. My latest earnings were Rs. 10750/- p.m.
Kindly guide my in this regard whether should I go legally or not?

From India, Bangalore
kprasoon
173

Dear Srinivas S.K,
Payment of Gratuity is a statutory obligation of the employer and can be denied only under extreme circumtances (damage or loss to te property belonging to the employer, riotous or disorderly conduct, offence involving moral turpitude etc.).
As far your case is concerned before giving any suggesation we would like to know 1.) the type of your organization: whether factory under Factory Act, establisment regsitered under Shops & Establishment Act, or any other type of organization 2.) Strength of your organization, 3.) Your employment conditions: whether regular employee, consultant, retainership etc.
Regards,
Kamal Prasoon Sinha
22-12-2010
Pune

From India, Pune
Srinivas S.K
Dear sir
Thank u for the reply and information provided. I was working for one of the leading authorised dealer of HYUNDAI service station as an accounts manager of a particular branch. There are 7 branches totally of hyundai and the employees would be approx. 1500. Till now 50% of the employees were on non rolls and from past 3 months all the staff were taken into rolls. But I was in rolls ( permanent employee ) from October 2003 till 15th of December 2010. And I think it comes under shops and establishments act.

From India, Bangalore
kprasoon
173

Dear Mr. Dear Srinivas S.K,
Payment of gratuity can not be denied in your case. Its means your ex-employer is not fulfilling his statutory obligation and this may invite penal action against them.
On your own you submit Form - 'I' (Application of Gratuity by an Employee) to your employer and get an acknowledgement. Possibilities are there that your employer will not accept Form 'I' or may refuse to give an acknowledgement. In this case you can send Form 'I' with A/D registered post and wait for 15 days to see what action your employer is taking on your application.
Form 'I' is attached for your reference. Gratuity is always calculated on basic+DA.
You can get back to me on this.
Regards,

From India, Pune
Attached Files (Download Requires Membership)
File Type: pdf Form I- gratuity.pdf (10.1 KB, 389 views)

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