Am I Eligible for Gratuity After 4 Years and 10 Months of Service? Seeking Advice

Hi,

I worked for company X for 6 years and 7 months, received my gratuity for 7 years, and subsequently immediately joined company 'Y'. I worked for 4 years, 10 months, and 11 days with company 'Y'. FnF is yet to take place. The company has recovered 71 days of notice period money from my Gross salary and is reimbursing 45 days of earned leave on a basic basis to me. Am I entitled to Gratuity in this case?

Regards,

Dear Naveen,

Strictly according to the Payment of Gratuity Act, 1972, you are not entitled to any gratuity. However, according to the judgment of the Hon'ble High Court, you may claim and contest the case before the Controlling Authority under The Payment of Gratuity Act in your area with the help of a lawyer if the management did not pay you the gratuity amount.

Regards,

R.N. Khola

Dear Sir,

Thank you for the guidance. Could you please provide further guidance - Is the Assistant Labor Commissioner of the city where the company's headquarters are located the controlling and competent authority where the case can be filed?

Regards,

Dear

In my opinion, you should approach the authority where you are working. You may contact the labor office of that area and inquire about the officer who is vested with the power of hearing gratuity claim cases.

Regards,
R.N. Khola