Gratuity Entitlement In Case Of Service Less Than 5 Years

naveen01gupta
Hi ,
I worked for company X for 6 years and 7 months, recd my gratuity for 7 years, subsequently immediately joined company 'Y'
workded for 4 years, 10 months and 11 days with company 'Y'
FnF yet to take place, company has recovered 71 days notice period money from on Gross salary basis and re-imbursing 45 days EL on basic to me.
Am I entilted for Gratuity in this case?
regards,
R.N.Khola
Dear Naveen,
Strictly according to the Payment of Gratuity act, 1972 you are not entitled to any gratuity but according to the Judgement of the Hon'ble High Court you may claim & contest the case before the Controlling authority under The payment of Gratuity Act of your area with the help of a lawyer if the management did not pay you the gratuity amount.
Regards,
R.N.Khola

naveen01gupta
Dear Sir,
Thanks for guidance. Please further guide - Is Assistant Labout Commissioner of City, where HO of company is situated, the Controlling and Competent Authority, where case can be put?
Regards,
R.N.Khola
Dear
In my opinion you are to approach the Authority where you are working. You may contact the Labour office of that area & inquire about the officer who is vested with the power of hearing gratuity claim cases.
Regards,
R.N.Khola

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