I have worked for my previous employer for 18 years, and the gratuity was calculated to be 28 lakhs. However, I was told that there is a cap of 20 lakhs, and the same was paid. I wanted to know if there is a way of getting the balance 8 lakhs paid as gratuity was always shown as part of my benefits (CTC). Please help with some reference materials.
Thanks.
From Australia, Sydney
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Thanks.
From Australia, Sydney
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Hi, Gratuity payable upto 20 Lakhs is is tax exempted. Any amount payable over and above Rs.20,00,000/- is taxable.
From India, Madras
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1015From India, Madras
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I worked as a Superintendent in an aided institution in Punjab for over thirty years and retired on 31-07-2021 afternoon. My last salary was (BP+DA) Rs. 80,074/-. However, the management did not grant the September 2020 increment and paid only seventy percent of the salary with the malafide intention of reducing the amount of gratuity and leave encashment. To date, they have not released a single rupee to me. In August 2021, I sent a legal notice demanding the release of my retiral dues. I handed over all confidential documents to the President of the Managing Committee and Joint Secretary in writing, keeping a copy for my records. I also passed on the charge to my junior Assistant in writing, providing details of all files in the almirah and handing over all keys to him in writing.
In response to my legal notice, they claimed to be in deficit and stated that they would first release gratuity to previously retired staff before my turn. They also falsely asserted that I had not handed over the charge, despite my documentation proving otherwise. I took the matter to the college tribunal in Punjab. Now, I seek your advice on whether I can approach the Labor Commissioner under the Payment of Gratuity Act and how soon I can expect to receive my gratuity. Upon my retirement, I was given a farewell party and presented with a citation for my services. However, the management diverted crores of rupees from the institution's reserve fund to other newly established institutions over the years, rarely recovering the money. I would appreciate your guidance on how to proceed.
Regards,
Kuldip Sharma
From India, Ludhiana
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In response to my legal notice, they claimed to be in deficit and stated that they would first release gratuity to previously retired staff before my turn. They also falsely asserted that I had not handed over the charge, despite my documentation proving otherwise. I took the matter to the college tribunal in Punjab. Now, I seek your advice on whether I can approach the Labor Commissioner under the Payment of Gratuity Act and how soon I can expect to receive my gratuity. Upon my retirement, I was given a farewell party and presented with a citation for my services. However, the management diverted crores of rupees from the institution's reserve fund to other newly established institutions over the years, rarely recovering the money. I would appreciate your guidance on how to proceed.
Regards,
Kuldip Sharma
From India, Ludhiana
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Meet the controlling authority under the PG Act of the jurisdiction of your organization and raise the dispute. Gratuity should be paid within one month of relieving from the organization. If there is any delay, it will attract interest, and you will be eligible for your normal gratuity with interest.
Regards, S K Bandyopadhyay
From India, New Delhi
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Regards, S K Bandyopadhyay
From India, New Delhi
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc