An employee is working in a shop under Delhi shop Act since 10 yrs.His salary is 40000 & Basic is 22000.
The shop was running with 9 employees till 2004 and from 2006 the employees number increased more than 10.
How much would be his gratuity as on 30 Apr 2014. His DOJ is 01 Apr 2000.
Thanking you...all..

From India, Delhi
I worked for a reputed telecom Organization for \'8\' years.For something happened in the Organization which I am not related I owned accountability and they terminated my services.Though they have released my GPF they are holding Gratuity.Can I claim and if can can anybody guide me how to do so.Even Superannuation fund also is pending which they deducted from my salary regularly.
From India, Chennai
Dear Soman,

(1)You have not given the break-up details of the individual's gross salary.Since it is mentioned that Rs.22000-00 is his basic, remaining are to be presumed as allowances. Any allowance other than D.A cannot be taken into a/c for the computation of gratuity.So it leads to further presumption that there is no D.A in the wage-structure. As such, his last-drawn wages is determined as Rs.22000-00 p.m.

(2) Though the Act became applicable to the establishment only since 2006 with the increase in the employees' strength to 10, subsequent termination of the services of the employees will make them eligible to claim gratuity right from their original date of employment even it is prior to the year 2006.

(3) Formula for gratuity = Last-drawn wages(only basic+d.a) X 15 X No. of years of completed service DIVIDED BY 26

(4) As per your particulars - Total No. of completed year of service as on 30-04-2014 is 14 years; his last-drawn wages is Rs.22000-00p.m. and therefore The individual's gratuity = 22000 X 15 X 14 WHOLE DIVIDED BY 15 = Rs.1,77,692.30 OR Rs.1,77,692-00.

It should be paid within 30 days from the date of termination and in case of any dispute in this regard, the amount shall be deposited with the Controlling Authority for the area to avoid interest burden.

From India, Salem

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