Dear All,
I worked in the ISP for the below time period. Note: Half of my tenure was in Bangalore, and the last half was in Chennai. I quit the company when I was working in Chennai.
From and including: Friday, 14 February 2003
To and including: Friday, 30 November 2007
It is 1751 days from the start date to the end date, with the end date included. This is equivalent to 4 years, 9 months, and 17 days, including the end date.
I request you all to let me know if I am eligible for Gratuity or not.
Thanks in Advance,
Sreeni
From India, Bangalore
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I worked in the ISP for the below time period. Note: Half of my tenure was in Bangalore, and the last half was in Chennai. I quit the company when I was working in Chennai.
From and including: Friday, 14 February 2003
To and including: Friday, 30 November 2007
It is 1751 days from the start date to the end date, with the end date included. This is equivalent to 4 years, 9 months, and 17 days, including the end date.
I request you all to let me know if I am eligible for Gratuity or not.
Thanks in Advance,
Sreeni
From India, Bangalore
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Dear Mr. Sreeni,
According to the decision of the Honourable Madras High Court in Mettur Beardsell's case, you are entitled to gratuity. As per this decision, the last 9 months and 17 days have to be regarded as one year of continuous service under the PG Act. If interpreted this way, you have completed five years of continuous service required under the PG Act to be entitled to gratuity. If your employer refuses to pay gratuity on the grounds that you had not completed five years of continuous service as required by the Payment of Gratuity Act, you may file a claim before the Controlling Authority under the Payment of Gratuity in Chennai, appointed by the Central Government, as your employer has branches in multiple states. Before the Controlling Authority under the Payment of Gratuity Act, you can reference the decision of the Madras High Court in Mettur Beardsell's case. This Controlling Authority, located and functioning in Chennai within the territorial jurisdiction of the Madras High Court, is bound by the decision in Mettur Beardsell's case. Wishing you good luck.
With regards,
From India, Madras
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181According to the decision of the Honourable Madras High Court in Mettur Beardsell's case, you are entitled to gratuity. As per this decision, the last 9 months and 17 days have to be regarded as one year of continuous service under the PG Act. If interpreted this way, you have completed five years of continuous service required under the PG Act to be entitled to gratuity. If your employer refuses to pay gratuity on the grounds that you had not completed five years of continuous service as required by the Payment of Gratuity Act, you may file a claim before the Controlling Authority under the Payment of Gratuity in Chennai, appointed by the Central Government, as your employer has branches in multiple states. Before the Controlling Authority under the Payment of Gratuity Act, you can reference the decision of the Madras High Court in Mettur Beardsell's case. This Controlling Authority, located and functioning in Chennai within the territorial jurisdiction of the Madras High Court, is bound by the decision in Mettur Beardsell's case. Wishing you good luck.
With regards,
From India, Madras
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Hari Krishnan Sir,
Thanks a lot for the Valuable reply .. got some confusion in your statement please clarify the same.
Hari Sir Statement: “you may file a claim before the Controlling Authority under the Payment of Gratuity at Chennai and appointed by the Central Government as your employer has branches in more than one State.”
Do I need to go to any Central Government office also for Claim or only to Controlling Authority under the Payment of Gratuity at Chennai
Sir Please Note: My old Employer Head office is Chennai only, So do I still need to go to Central government or can I just file Claim before Controlling Authority under payment of Gratuity at Chennai.
Thanks in Advance
Sreeni
From India, Bangalore
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Thanks a lot for the Valuable reply .. got some confusion in your statement please clarify the same.
Hari Sir Statement: “you may file a claim before the Controlling Authority under the Payment of Gratuity at Chennai and appointed by the Central Government as your employer has branches in more than one State.”
Do I need to go to any Central Government office also for Claim or only to Controlling Authority under the Payment of Gratuity at Chennai
Sir Please Note: My old Employer Head office is Chennai only, So do I still need to go to Central government or can I just file Claim before Controlling Authority under payment of Gratuity at Chennai.
Thanks in Advance
Sreeni
From India, Bangalore
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Dear Mr. Sreeni,
Please furnish the following information:
1. What was the last place of your employment? Was it in Chennai, Bangalore, or any other location?
2. Does your employer have branches in more than one state?
If you provide the above information, I will be able to clarify the issues raised by you.
With regards,
From India, Madras
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Please furnish the following information:
1. What was the last place of your employment? Was it in Chennai, Bangalore, or any other location?
2. Does your employer have branches in more than one state?
If you provide the above information, I will be able to clarify the issues raised by you.
With regards,
From India, Madras
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Dear Hari Krishnan Sir,
My last place of employment was in Chennai. Yes, my old employer has branches across India. For your information, the head office and registered office of my old employer is only in Chennai.
Thanks & Regards,
Sreeni
09886409498
From India, Bangalore
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My last place of employment was in Chennai. Yes, my old employer has branches across India. For your information, the head office and registered office of my old employer is only in Chennai.
Thanks & Regards,
Sreeni
09886409498
From India, Bangalore
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Dear Mr. Sreeni,
As your last place of employment was in Chennai, the cause of action has arisen there, and the Controlling Authority under the Payment of Gratuity Act in Chennai has jurisdiction to decide any claim relating to you under the Payment of Gratuity Act.
Since your employer has branches across India, the Central Government is the appropriate authority under the Payment of Gratuity Act in regard to your employer. Therefore, if you wish to file a claim under the Payment of Gratuity Act against your employer, you must file the claim before the Controlling Authority under the Payment of Gratuity Act appointed or notified by the Central Government.
In Chennai, the Controlling Authority under the Payment of Gratuity Act appointed or notified by the Central Government is situated at the Office of the Regional Labour Commissioner (Central) in Shastri Bhavan, Nungambakkam. This office also houses the Passport Office.
With regards,
From India, Madras
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As your last place of employment was in Chennai, the cause of action has arisen there, and the Controlling Authority under the Payment of Gratuity Act in Chennai has jurisdiction to decide any claim relating to you under the Payment of Gratuity Act.
Since your employer has branches across India, the Central Government is the appropriate authority under the Payment of Gratuity Act in regard to your employer. Therefore, if you wish to file a claim under the Payment of Gratuity Act against your employer, you must file the claim before the Controlling Authority under the Payment of Gratuity Act appointed or notified by the Central Government.
In Chennai, the Controlling Authority under the Payment of Gratuity Act appointed or notified by the Central Government is situated at the Office of the Regional Labour Commissioner (Central) in Shastri Bhavan, Nungambakkam. This office also houses the Passport Office.
With regards,
From India, Madras
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Dear Hari Krishnan Sir,
Sorry to ask you for few more clarification’s…
1) Can I visit BANGALORE Office of “Controlling Authority under the payment of Gratuity Act appointed / Notified by the center government” to claim my Gratuity ?
2) To claim Gratuity through Controlling Authority, should the company be registered with this Government Authority or all the companies by default be coming under this Controlling authority.
Thanks & Regards
Sreeni
09886409498
From India, Bangalore
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Sorry to ask you for few more clarification’s…
1) Can I visit BANGALORE Office of “Controlling Authority under the payment of Gratuity Act appointed / Notified by the center government” to claim my Gratuity ?
2) To claim Gratuity through Controlling Authority, should the company be registered with this Government Authority or all the companies by default be coming under this Controlling authority.
Thanks & Regards
Sreeni
09886409498
From India, Bangalore
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Dear Mr. Sreeni,
You cannot file a claim before the Controlling Authority under the Payment of Gratuity Act in Bangalore appointed/notified by the Central Government as your last place of employment was in Chennai. The company does not need to be registered with the Government Authority for you to claim gratuity.
With regards,
From India, Madras
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You cannot file a claim before the Controlling Authority under the Payment of Gratuity Act in Bangalore appointed/notified by the Central Government as your last place of employment was in Chennai. The company does not need to be registered with the Government Authority for you to claim gratuity.
With regards,
From India, Madras
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Dear HariKrishnaa Sir,
Thanks a lot for clarifying and answer all the question …. Will reach out to my Employer with all these details and also will update this forum the final status :)
Thanks & Regds
Sreeni
From India, Bangalore
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Thanks a lot for clarifying and answer all the question …. Will reach out to my Employer with all these details and also will update this forum the final status :)
Thanks & Regds
Sreeni
From India, Bangalore
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Below is the responce from my Employer :( ...any suggestion this please
Dear Srinivas
Pl understand you have left some in 2007 and you are asking about the Gratuity.
As per act you are entitle to get gratuity only on completion of 5 years. In a judgment they have given for a particular case that employee who have completed 240 days are entitle to get gratuity.
The act is not amended yet, only it is court ruling.
As you know our Gratuity trust is with LIC and at the time of forming the trust, it was mentioned in our deed to pay the gratuity only on completion of the 5 years, and to me more precise , the same is not amended. Normally there is no un paid fund on this, and we have given the termination list month on month and your account get closed.
You should have approached in 2007 (at the time of leaving) about this clarification, and it is too late. Associates who are completed 5 years without asking the gratuity settlement happen automatically. I can give many references for not being paid…… the law is not changed, and only court ruling is there …. I give below the text of law
Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will entitled to gratuity on completion of countinuous service of 5 years and while clarifying the 5 years complete service, Andhra Pradesh High Court had held that the minimum period for becoming eligible for payment of gratuity should not be less than 5 years since it should be complete 5 year service. It was further clarified that the words or part in excess of six months' are only meant for the purposes of computation of gratuity for the subsequent year or years to first complete 5 years. It was also held that if an employee has worked for 4 years 11 months and 10 days, he will not be eligible for gratuity for want of completion of 5 years. Further in a subsequent case, MADRAS HIGH COURT while relying upon the clarification by the SUPREME COURT pertaining to 240 working days in one year will be deemed to be continuous service of one year meaning thereby that there should not be complete 12 calender months' service. MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.
With this I am closing this mail.
From India, Bangalore
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Dear Srinivas
Pl understand you have left some in 2007 and you are asking about the Gratuity.
As per act you are entitle to get gratuity only on completion of 5 years. In a judgment they have given for a particular case that employee who have completed 240 days are entitle to get gratuity.
The act is not amended yet, only it is court ruling.
As you know our Gratuity trust is with LIC and at the time of forming the trust, it was mentioned in our deed to pay the gratuity only on completion of the 5 years, and to me more precise , the same is not amended. Normally there is no un paid fund on this, and we have given the termination list month on month and your account get closed.
You should have approached in 2007 (at the time of leaving) about this clarification, and it is too late. Associates who are completed 5 years without asking the gratuity settlement happen automatically. I can give many references for not being paid…… the law is not changed, and only court ruling is there …. I give below the text of law
Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will entitled to gratuity on completion of countinuous service of 5 years and while clarifying the 5 years complete service, Andhra Pradesh High Court had held that the minimum period for becoming eligible for payment of gratuity should not be less than 5 years since it should be complete 5 year service. It was further clarified that the words or part in excess of six months' are only meant for the purposes of computation of gratuity for the subsequent year or years to first complete 5 years. It was also held that if an employee has worked for 4 years 11 months and 10 days, he will not be eligible for gratuity for want of completion of 5 years. Further in a subsequent case, MADRAS HIGH COURT while relying upon the clarification by the SUPREME COURT pertaining to 240 working days in one year will be deemed to be continuous service of one year meaning thereby that there should not be complete 12 calender months' service. MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.
With this I am closing this mail.
From India, Bangalore
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Dear Mr. Sreeni,
The decision of a Single Judge of the Madras High Court in Mettur Beardsell's case has not been overruled as yet, either by a Division Bench of the Madras High Court or by the Supreme Court. It is correct that the Payment of Gratuity Act has not been amended. However, the judgment of the single Judge of the Madras High Court is an interpretation of the existing provisions of the Payment of Gratuity Act, especially on the definition of "continuous service." The judgments of the High Courts and Supreme Court are also law.
In some other thread in Citehr, I have quoted extensively from an article by a practicing advocate and also from a judgment of the Honourable Bombay High Court, which has held that the Tribunals in a State (in your case, the Controlling Authority under the Payment of Gratuity Act) are bound by the decisions of the High Court in whose territorial jurisdiction that Tribunal is functioning. If this principle is applied, then the Controlling Authority under the Payment of Gratuity Act at Chennai has to follow the decision of the Madras High Court in Mettur Beardsell's case and to award gratuity to you. The Controlling Authority under the Payment of Gratuity Act at Chennai need not follow the judgment of the Andhra Pradesh High Court referred to by your previous employer, as a judgment of the Madras High Court on the issue is still in force.
You left the services of the ISP in 2007. You should have applied for gratuity to the ISP within thirty days from the date on which your employment came to an end. As per the information furnished by you, there is a delay in the submission of the request to the ISP or probably you have not submitted the request to the ISP at all. You can still apply for gratuity to the ISP in the prescribed form and through registered post with acknowledgment due, and in the application form, you can give the reasons for not applying within the prescribed time. If the employer either remains silent or refuses to either condone the delay or to make payment of gratuity, you can, after waiting for fifteen days from the date of receipt of the application for gratuity by the ISP, file a claim petition before the Controlling Authority under the Payment of Gratuity Act in the prescribed form.
With regards,
From India, Madras
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The decision of a Single Judge of the Madras High Court in Mettur Beardsell's case has not been overruled as yet, either by a Division Bench of the Madras High Court or by the Supreme Court. It is correct that the Payment of Gratuity Act has not been amended. However, the judgment of the single Judge of the Madras High Court is an interpretation of the existing provisions of the Payment of Gratuity Act, especially on the definition of "continuous service." The judgments of the High Courts and Supreme Court are also law.
In some other thread in Citehr, I have quoted extensively from an article by a practicing advocate and also from a judgment of the Honourable Bombay High Court, which has held that the Tribunals in a State (in your case, the Controlling Authority under the Payment of Gratuity Act) are bound by the decisions of the High Court in whose territorial jurisdiction that Tribunal is functioning. If this principle is applied, then the Controlling Authority under the Payment of Gratuity Act at Chennai has to follow the decision of the Madras High Court in Mettur Beardsell's case and to award gratuity to you. The Controlling Authority under the Payment of Gratuity Act at Chennai need not follow the judgment of the Andhra Pradesh High Court referred to by your previous employer, as a judgment of the Madras High Court on the issue is still in force.
You left the services of the ISP in 2007. You should have applied for gratuity to the ISP within thirty days from the date on which your employment came to an end. As per the information furnished by you, there is a delay in the submission of the request to the ISP or probably you have not submitted the request to the ISP at all. You can still apply for gratuity to the ISP in the prescribed form and through registered post with acknowledgment due, and in the application form, you can give the reasons for not applying within the prescribed time. If the employer either remains silent or refuses to either condone the delay or to make payment of gratuity, you can, after waiting for fifteen days from the date of receipt of the application for gratuity by the ISP, file a claim petition before the Controlling Authority under the Payment of Gratuity Act in the prescribed form.
With regards,
From India, Madras
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc