Labour Law & Hr Consultant
Partner - Risk Management
Hr Admin
Korgaonkar K A
Deo / Mise
+2 Others


I submit a few lines for your kind consideration and early oblige.

Sir, I am an employee of the manpower supply agency who is in contract with the State Government Department and I am working in the State Government Department since November, 2003 to as on date i.e. 18.12.2014. Sir, since 2003 manpower supply agencies have changed and from January, 2010 the same manpower supply agency is still continuing by signing the contract with the State Government Department every year till now. My present salary is Rs.9,500/- after deducting my EPF, ESI, etc., contribution, my take home salary is Rs.8,000/- (Rupees Eight Thousand Only)

Sir, I would like to know that,

1. am I eligible to get the Gratuity under the Payment of Gratuity Act, 1972;

2. to whom should I submit the application form to get the gratuity and from which year I should apply;

3. from where I can get the Application form to apply for Gratuity;

4. since which year I am eligible to get the Gratuity;

5. approximate how much Gratuity amount I deserve and to be claimed; and

6. any reference may please be suggested if anyone has drawn Gratuity as the case may be;

Sir, your suggestions will play very valuable to me kindly reply as early as possible to the E-mail address [email protected]

With regards


From India, Jadcherla
One of my lady neighbors aked me if they are eligible for graduatty
her age is about 50 and she is working in the same company from last 5 years..
Its Pvt Ltd company and salary is about 8000 per month
What should i tell her about this question?
and as she was saying her company forsefully take their resignation and rejoin the company as a new employee .
may I know what is their moto behind this behavior?
please reply soon

From India, Gurgaon
It is difficult to give an answer when lots of information is missing.
What position are you holding, what work you are doing makes a difference.
But most important is how the handover happened from one contractor to the other.
Based in that, we can give a better answer

From India, Mumbai
The gratuity is to be claimed from establishment/employer that has employed the person @
Basic+DA)/26*15*No. of years
If in a year person has worked for>6 month it may be counted as a whole year.
FormI that. Can be obtained from o/o labor commissioner or website may be submitted under pro per acknowledgment.

From India, Chandigarh
Dear SKumar ji,
You are working with same PE since past 11 years continuously but under different different agencies.
According to me the contracts which your PE enters in-to with various contractors every year or periodically and keeping same employees through out the years continuously under all those contractors can be declared as shame.
Also SC in RK Panda (1994 LLR634) it was held that the PE should absorb the CLs engaged under different contractors with him for past 10 years.
My advise to you, you should make your case, apply for Gratuity from 2003 onwards in prescribed form to you PE. If the PE rejects your application or does not take any action, go with legal process. Hire a good lawyer.
Wish you a good luck.

From India, Mumbai
Dear SKumar ji,
You are requested to view below given link to know the procedure to claim gratuity.
Controlling Authority is Assistant Commissioner of Labour for your area.

From India, Mumbai
If the service is regular with record i.e. with appointment order and payment details since 5 years from the employer, you can claim for gratuity. Gratuity can be claimed by giving simple letter to your employer stating the date of joining and date leaving and the last drawn salary.

From India, Hyderabad
Neither Kumar nor Mahem has stated whether there is termination of employment of the persons concerned as on date. Gratuity can be claimed only on termination of employment. In the case of Kumar, if the allegation about change of actual contractor is true, I would also view the arrangement "sham" as opined by Mr KorGaOnkar. However, still the contract is in the name of the initial manpower supplier, Kumar can stake his claim for gratuity against both the PE and the dejure contractor.
From India, Salem
Gratuity is not listed amongst the responsibilities of the principal employer in the act.
What is listed is wages and statutory dues of PF and ESI. So can he actually claim gratuity against the principal employer?

From India, Mumbai
Dear Saswata ji,
What you said is correct. But I would like to draw your kind attention to High Court Madras W.P. 6633/2008 and MP Nos. 1/2008 & 1/2009 decided on 18.07.2012 : Mettur Thermal Power Station Vs. Appeate Authority - Jt. Commissioner of Labour, Coimbatore.
In this case Contractor's liability to pay Gratuity is fasterned on Principal Employer.

From India, Mumbai
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