Dear Mr.Nirankari
Definitely the individual worker who is making a claim for gratuity would be knowing the salary wages he was receiving. That is the basis for the claim. The Payment of Gratuity Act and the Rules made thereunder prescribe the procedure for making a claim if the employer either refuses to pay gratuity or pays a lesser amount. If there is a dispute regarding the quantum of gratuity paid/payable then the affected individual worker has to approach the prescribed authority by making a claim. In the claim petition he has to specify the wages paid to him which would enable him to claim the exact amount of gratuity. This claim has to be repudiated effectively based on evidence by the employer. If not the worker has to prove through oral or documentary evidence to establish his claim. The employer can even deny employing the worker. This also has to be proved by evidence. If no documentary evidence is available, this has to be established through oral evidence.
With regards
From India, Madras
169Definitely the individual worker who is making a claim for gratuity would be knowing the salary wages he was receiving. That is the basis for the claim. The Payment of Gratuity Act and the Rules made thereunder prescribe the procedure for making a claim if the employer either refuses to pay gratuity or pays a lesser amount. If there is a dispute regarding the quantum of gratuity paid/payable then the affected individual worker has to approach the prescribed authority by making a claim. In the claim petition he has to specify the wages paid to him which would enable him to claim the exact amount of gratuity. This claim has to be repudiated effectively based on evidence by the employer. If not the worker has to prove through oral or documentary evidence to establish his claim. The employer can even deny employing the worker. This also has to be proved by evidence. If no documentary evidence is available, this has to be established through oral evidence.
With regards
From India, Madras
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx