Is gratuity paid on last salary drawn irrespective of internal orders - Is it true? - CiteHR
Madhu.T.K
Industrial Relations And Labour Laws
R.N.Khola
Labour Laws & Ir
Jino1502
Service
+1 Other

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Dear Sir, I have worked in a Education Institute for 27 years in two categories. There is no break in service from shifting from one category to another. They have paid me only part payment and now they are denying me rest. I have done correspondence with them.
My question is that gratuity paid on last salary drawn irrespective of internal orders? i.e. change in cadres Is it true? If i go to labor court whether i shall get justice

Gratuity is payable on the last drawn salary. Even if you had two spells, like, one in administration and another in teaching, you are eligible to gratuity since the amendment to Payment of Gratuity Act which included teachers also as employees has retrospective effect. Needless to say that non teaching/ admin. staff in an education institution were eligible to gratuity before this amendment.
In case gratuity is denied you can represent before the Labour officer who is the appropriate authority under the Payment of Gratuity Act to settle the gratuity cases. You may apply in the form attached.
Regards,
Madhu.T.K


Attached Files
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File Type: pdf Gratuity Form N- seeking intervention of Labour Officer.pdf (76.0 KB, 784 views)

Since these are administrative forums, you can directly approach the authorities and present your issues. No lawyer needs to be engaged for this. Madhu.T.K
Can Gratuity Be Claimed On Completion Of 240 Days During Fifth Year ?
I resigned from organization after completing continuous service of 4 years 11 months and 12 days. During my full and final settlement, the company refused to grant me gratuity stating that i have not completed 5 years of service.
I have raised the issue on grievance portal. After several reminders, finally i have been send notice from 'Office of the controlling Authority Under the Payment Of Gratuity Act' to appear before them with all proof and witness for justifying my claim.
Please suggest what should i do now?

Dear Member
If you are not in a position to pursue your claim case before the Authority then appoint your advocate for the same.
R N KHOLA

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