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Ramnavghare
4

My Dear ,
Please read the legal provision for Payment of gratitity.as per provision you are sent to notice to company
Regards
Ram Navghare
Manager - IR & Admin
attribution https://www.citehr.com/452081-gratui...#ixzz2Ld0CVpUp

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File Type: docx Penal Provisiosn.docx (27.0 KB, 96 views)

SAIBHAKTA
104

Dear Mr Kalsi,
I think you have missed out the period of service clearly mentioned by VKS .It is from 04MAR07 to 07MAR13 that is little more than six years.This automatically makes him eligible for Gratuity as there is no break in service(also mentioned by him).
S.K.LIMAYE
MBA/HR

From India, New Delhi
Venky1342
31

Hi

You are 100% eligible for Gratuity. Pl. follow up and get it.... No company escape from paying the Grauity to any employee who worked in the same company for 4 years and 8 months ( say 5 years total ). You have worked almost 8 years. Your employee is telling lie..... No company say that they have not introduced Gratuity....... The Company and the Directors who say like this PUNISHABLE UNDER THE COMPANY AND LABOUR LAW....

Pl. show the Grautuity Act 529 for Employer which is as follows:

5. (1) Every employer who employs or has employed fifteen or more workmen on any

day during the period of twelve months immediately preceding the termination of the services of

a workman in any industry shall, on termination (whether by the employer or workman, or on

retirement or by the death of the workman, or by operation of law, or otherwise) of the services

at any time after the coming into operation of this Act, of a workman who has a period of service

of not less than five completed years under that employer, pay to that workman in respect of

such services, and where the termination is by the death of that workman, to his heirs, a gratuity

computed in accordance with the provisions of this Part within a period of thirty days of such

termination.

Commissioner to

issue certificate to

Land Reform

Commisssion

specifying the sum

due as gratuity

to a workman.

Employer’s

liability to pay

gratuity to

his workmen for

terminations after

the coming into

operation of this

Act.529



- thanks - venkat - bangalore -

From India, Bangalore
rramxx
37

Before concluding that the employer is guilty, have we tried to find out:
1. What is the total manpower in the industry cited?
2. What was the extent of the 'irregular attendance' of the gentleman?
3. Whether he was struck off the rolls once or more times due to poor attendance and taken back again?
4. Whether the continuity of service was there?
It will be indeed a foolish management who will deny gratuity without strong basis.

From India, Bangalore
skvgmadm
3

Gratuity Act is applicable to whole of india
and u r eligible.
read the bare act and produce its copy to HR for doing the needful.
it appears that ur director does not have that legal idea hence he said like that.
it is just immature statement.
even if so they dont include this amount in your ful and final then take its copy and submit to labour office and mention that u have not paid this gratuity amount.
they will help u and solve the problem.
DONT WORRY
satish Verma Nashik

From India, Nasik
attorney24x7@gmail.com
4

Yes you are eligible for the PGA as you have completed 5 years of service.Statement of Director is not appreciable.You may contact local Dy.Labour Commissioner for further details.
regards,
S.K.Tyagi(Sr.Manager-Legal)
Mawana Sugars Ltd.

From India, Delhi
biswas.biswajit1
Dear All Can calculate the below mention salary details for Gratuity: Gross Salary rs.20500/- Years of Service 7 years how much his Gratuity? Please help
From India, Kolkata
fc.vadodara@nidrahotels.com
733

I fully agree with Rramxx, the Complainant himself says that he has been terminated on the ground of excess leave, so on which ground we can advice that whether VKS has continuity of service as per Gratuity Act. His complaint contradicts
From India, Ahmadabad
V.K. Sorayan
Respected Sir,
Here, I want to clear that I was on leave from dt. 20.01.2013 to 27.01.2013, but due to some reasons, I could not present on 27.01.2013. I informed to HR that I will reach office on dt. 01.02.2013, he (HR) agreed and allowed leave telephonically. But on dt. 01.02.2013 he retracted from his approval of leave to me, in front of Director. is this reason enough to arrogate my Gratuity.
Thanks & Regards
VKS

From India
fc.vadodara@nidrahotels.com
733

Dear Mr VKS
Sorry to say, how can a company terminate an employee on the ground of 1 day leave (not approved). What does your termination letter states. As per your querry it is termination due to excess leaves and you have accepted the termination letter which you indirectly admits.
Coming to your point if you do not have any excess leaves and continuity in your service then you can very well claim your gratuity

From India, Ahmadabad
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