After 16 years of service I resigned from my company. Its a Pvt.Ltd firm having office in Delhi and Kochi. I was in Delhi office. At the time of my exit there are 4 staff in Delhi and I am not sure about Kochi office staff strength. During my tenure there times more 20 staffs were there in both the office.
When I sent Form I for my gratuity, management sent me letter saying I am not eligible for gratuity in view of the provisions of section 1(3) of Gratuity Act 1972.
Is it right ? Kindly advice and help me.
Regards
Jose
From India, Delhi
1When I sent Form I for my gratuity, management sent me letter saying I am not eligible for gratuity in view of the provisions of section 1(3) of Gratuity Act 1972.
Is it right ? Kindly advice and help me.
Regards
Jose
From India, Delhi
Dear Jose,
Applicability of Gratuity:
1. Every factory (as defined in Factories Act), mine, oilfield, plantation, port and railway.
2. Every shop or establishment to which Shops & Establishment Act of a State applies in which 10 or more persons are employed at any time during the year end.
3. Any establishment employing 10 or more persons as may be notified by the Central Government.
4. Once Act applies, it continues to apply even if employment strength falls below 10.
As per the applicability the company was suppose to fall under the category.
Consult a lawyer locally and claim for it.
From India, Mumbai
Applicability of Gratuity:
1. Every factory (as defined in Factories Act), mine, oilfield, plantation, port and railway.
2. Every shop or establishment to which Shops & Establishment Act of a State applies in which 10 or more persons are employed at any time during the year end.
3. Any establishment employing 10 or more persons as may be notified by the Central Government.
4. Once Act applies, it continues to apply even if employment strength falls below 10.
As per the applicability the company was suppose to fall under the category.
Consult a lawyer locally and claim for it.
From India, Mumbai
Dear Jose,
Since your employer has establishments in more than one state,you need to approach Labour Commr (Central) provided he is empowered to deal with claims of gratuity,or you should file a claim application in the Labour Court which is The Controlling Authority under the Act.
From India, Pune
Since your employer has establishments in more than one state,you need to approach Labour Commr (Central) provided he is empowered to deal with claims of gratuity,or you should file a claim application in the Labour Court which is The Controlling Authority under the Act.
From India, Pune
Dear Jose
I fully endorse the views given by Mr. Sri Sai .
You are eligible and entitled to claim gratuity. please approach the Labour Commissioner (Central) and file an application for direction to the employer.
RLDhingra, Advocate
Labour Law Consultant, Delhi
09818309937 ,
email:rld_498@rediffmail.com
From India, Delhi
I fully endorse the views given by Mr. Sri Sai .
You are eligible and entitled to claim gratuity. please approach the Labour Commissioner (Central) and file an application for direction to the employer.
RLDhingra, Advocate
Labour Law Consultant, Delhi
09818309937 ,
email:rld_498@rediffmail.com
From India, Delhi
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