I worked in a private school as a Lecturer from 5th January 1998 to 30th September 2003 and again from 1st April 2007 to 15th June 2011. In the second tenure also, my seniority was to be calculated from 5 January 1998, as agreed in the reappointment letter.
After leaving the job for the first time, I requested payment of gratuity. I was told that they would check with the rules of the institution and inform me. However, nothing happened. Upon leaving the second time, I made the same request. After sending a reminder, they asked me to fill Form "I," and in response to that, they sent a letter rejecting the claim on the grounds of "Due to lack of continuity in service."
I believe that they should combine the two terms together as they promised to count my seniority from my earlier joining date. Therefore, they should pay gratuity for a total of 9 years and 11 months. If not, at least for my first term (5 years and 9 months) I must receive it.
Please help me determine the legal and logical position.
Thank you.
From India, Indore
After leaving the job for the first time, I requested payment of gratuity. I was told that they would check with the rules of the institution and inform me. However, nothing happened. Upon leaving the second time, I made the same request. After sending a reminder, they asked me to fill Form "I," and in response to that, they sent a letter rejecting the claim on the grounds of "Due to lack of continuity in service."
I believe that they should combine the two terms together as they promised to count my seniority from my earlier joining date. Therefore, they should pay gratuity for a total of 9 years and 11 months. If not, at least for my first term (5 years and 9 months) I must receive it.
Please help me determine the legal and logical position.
Thank you.
From India, Indore
You are advised to:
1. Apply to the Controlling Authority (CA) in Form N within 90 days of the rejection of your application Form I.
2. If the CA does not issue an order or direction to your employer, please file an appeal to the Appellate Authority within 60 days.
You need to provide documentary evidence of the agreement on your seniority and the continuity of your previous service. Represent your case in a proper manner and fight for it.
Wishing you all the best.
Regards
From India, Mumbai
1. Apply to the Controlling Authority (CA) in Form N within 90 days of the rejection of your application Form I.
2. If the CA does not issue an order or direction to your employer, please file an appeal to the Appellate Authority within 60 days.
You need to provide documentary evidence of the agreement on your seniority and the continuity of your previous service. Represent your case in a proper manner and fight for it.
Wishing you all the best.
Regards
From India, Mumbai
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