Saswatabanerjee
Partner - Risk Management
Korgaonkar K A
Ba,llb,mpm,dir&pm,dll&lw,d.cyber
Rajesh Kumar Dubey
Manager - Hr
+1 Other

Thread Started by #amitpatel_law

I have completed 4.9 years in my current organization, today i want to resign and my HR told me that i am not eligible for Gratuity as organization has tieup with LIC. please guide for my issue.
15th September 2016 From India, Chennai
Dear Patel
Try to serve 3 months more in current organization for getting gratuity.
2.5 Months Basic Salary are important and if needed . Legally you have to
complete eligibility criteria of 05 years from your date of joining.
Otherwise , if u have a good opportunity , grasp it and get compensated with progressive
employer in another forms which u may better understand. Above amount can't be bar on
your progress.
Best Of Luck
Thanks
15th September 2016 From India
Whenever an employee renders the service of 4 years and 240 days in the employment, he is entitled to get Gratuity from his employer, as per the verdict of Madras High Court in the land mark judgment of the case Mettur Beardsell Vs RLC, Madras and two others. In your case you have rendered the continuous service of 4 years and 9 months which would definitely satisfy the requirement of the said Judgment. Therefore, in my view, you are entitled to get gratuity payment from your employer. Try to make an appeal politely by referring this judgment for gratuity payment. In the case of failure, you may think of filing a petition before the Asst. Commissioner of Labour (who is the controlling authority under the P.G Act) of the Jurisdiction of your employer for seeking remedy. Regards,
15th September 2016 From India, Mumbai
Dear Queriest Friend,
It seems to me that you are from Chennai and if it is so, you are governed by the verdict of Madras H C which is stated by SRIDHARAN in post #3. Accordingly, you are entitled to gratuity. Show this verdict to your HR.
There is similar verdict of Kerala HC.
If you are not from Chennai or from Kerala, you are not eligible to gratuity as per me. However, many of the learned members of this Forum are disagree with me. If you do search previous many threads on gratuity, you will find it.
You need to take legal opinion.
15th September 2016 From India, Mumbai
The answer of the HR department is actually stupid.
He is not dismissing your claim on the ground that you have not completed 5 years.
he is saying they have an arrangement with LIC. Well, it does not matter what arrangement the company has created to fund the gratuity scheme. What is important to note is that they are liable to pay you. The fact that LIC will pay the amount to them is a different story and has nothing to do with your claim to gratuity. The claim to gratuity and its eligibility is defined by the Gratuity Act and any agreement signed by the company has no effect on a legally binding resonsibility
25th September 2016 From India, Mumbai
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