Head - Human Resources
Rajesh Kumar Dubey
Manager - Hr
+2 Others

I worked for 3 years in a company. Gratuity component was mentioned in the Retiral Component(CTC). During my full and final settlement , I was not provided the Gratuity amount as I had not completed 4 years 320 days in the company.Can i claim the gratuity amount that was mentioned in my CTC legally. Please help!!!!!!
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Hi Manisha, No, you will not be able to recover the amount deducted towards Gratuity.
I opine that other side. The gratuity part should be out of CTC and once it is part of CTC then the amount to be cleared to the out going employee along with Full & final settlement.
As per Payment of gratuity act 1972, one can not recover gratuity amount unless one does not complete 5 years of continuous service. On the contrary, it is recoverable in the case of death or disablement before he/she has not rendered continuous 5 years service.
If the gratuity part mentioned in CTC as negotiated salary then the amount to be cleared to the out going employee along with Full & final settlement. If the party are not paying or denying you may get it by filing civil suit.
But any contents of appointment advice if shows the gratuity rules anywhere either CTC annexture sheet, then it will not be payable.
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