Claim Of Gratuity

Hi, I worked with my ex-employer for 4yrs 9 mons{June 2005 till March 2010}, but my company except saying that they are looking into it,is not responding{HR division} with any concrete answer.Please advise next steps.

Hi,
You can not claim for Gratuity amount from your ex-employer cause you have not serve 5 years service in that organization. don't think that 240 days of work is a one year. in gratuity case you have to continue service of 5 years or more.

Dear Raghee
You have worked with your ex-employer for 4yrs 9 mons{June 2005 till March 2010} and you want to claim gratuity for the above period.
In this context, you are informed that any employee is entitled for gratuity if he/ she serves the company for a minimum period of 5 years. But, an employee who has worked for more than 240 days in the fifth year will be entitled for gratuity. Please see Madras High Court ruling in Mettur Beardsell Ltd. vs. Regional Labour Commissioner decided on 12.06.1996. If you have competed 240 days in the employment of the management in fifth year, than you are entitled for gratuity.
If any other clarification is required you are most welcome.

As a matter of rules, you are not eligible for gratuity, but on the other hand few Indian High Courts has taken a view in favour of employees. Nine months service will be considered as full year for the purpose of calculation of gratuity. please consult expert on this matter either through Labour Commissioner or Labour Court. You will get it.
you can call me at 0261-3060630.

Dear Raghee Raghavan
If your company refuses or unwilling to pay the gratuity due to you then you can file an application before the Controlling Authority under the Payment of Gratuity Act. The Controlling Authority before whom you could file the petition depends on the State in which your company is located and also on whether your Company has branches in more than one State.
With regards

Dear sir..
i have worked with your ex-employer for 4yrs 10 month {sep 2001 till aug
2006 } -4 year 10 month
from sep 2001 to sep 2003 i was in training period. company also cut pf in
my salary it this period.
sep 2003 i was conformed in company
company refuses or unwilling to pay the gratuity due
pls help in this regards...........

Dear sir..
i have worked with your ex-employer for 4yrs 10 month {sep 2001 till aug
2006 } -4 year 10 month
from sep 2001 to sep 2003 i was in training period. company also cut pf in
my salary it this period.
sep 2003 i was conformed in company
company refuses or unwilling to pay the gratuity due
pls help in this regards...........