Dear All,
I worked with one organization for 4 years & 294 days and resigned from the job, but the company is not giving gratuity. I have approached company officials several times and communicated with them about the decision of the Madras High Court both orally and in writing; however, I have still not received my gratuity amount. I have also submitted a written, humble request letter for gratuity, but I have not received the gratuity amount.
Please suggest what should be done to get the gratuity amount.
Thanks in anticipation.
Mahesh
From India, Pune
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I worked with one organization for 4 years & 294 days and resigned from the job, but the company is not giving gratuity. I have approached company officials several times and communicated with them about the decision of the Madras High Court both orally and in writing; however, I have still not received my gratuity amount. I have also submitted a written, humble request letter for gratuity, but I have not received the gratuity amount.
Please suggest what should be done to get the gratuity amount.
Thanks in anticipation.
Mahesh
From India, Pune
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Dear Mahesh ji,
I suppose you are from Pune, Maharashtra. The Madras High Court judgement is not binding upon your case. For entitlement to Gratuity, you need to complete 5 years. This issue has been discussed many times earlier in this forum.
From India, Mumbai
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2584I suppose you are from Pune, Maharashtra. The Madras High Court judgement is not binding upon your case. For entitlement to Gratuity, you need to complete 5 years. This issue has been discussed many times earlier in this forum.
From India, Mumbai
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Dear Mahesh,
As per the Gratuity Act, employees who have completed at least 5 years of service in a company are eligible for gratuity. If you have confirmed the details of the Gratuity Act and still have not received the amount, you may need to file a case against your employer in the Labour Court.
I hope this information helps in resolving your issue.
Best regards,
[Your Name]
From India, Mumbai
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As per the Gratuity Act, employees who have completed at least 5 years of service in a company are eligible for gratuity. If you have confirmed the details of the Gratuity Act and still have not received the amount, you may need to file a case against your employer in the Labour Court.
I hope this information helps in resolving your issue.
Best regards,
[Your Name]
From India, Mumbai
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Madras High Court decision is valid in Tamilnadu only. In other states one should complete 5 years of service for Gratuity eligibility.
From India, Hyderabad
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From India, Hyderabad
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Please remember for all times to come that it is the Supreme Court judgment which can have application in any state in India, whereas the judgment of a High Court will have application in the jurisdiction of the Court concerned or in adjoining states. Such being the case, I am in total agreement with my colleagues above that the judgment of Madras High Court will not be applicable in the instant case; hence, the procedure to be followed for the claim has no relevance.
S.K. Johri
From India, Delhi
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S.K. Johri
From India, Delhi
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc