Dear All,
I worked in the ISP for below time period ...
Note: Half of my tenure was in Bangalore and last half was in Chennai and i Quite company when i was working in Chennai ..
From and including: Friday, 14 February 2003
To and including: Friday, 30 November 2007
It is 1751 days from the start date to the end date, end date included
Or 4 years, 9 months, 17 days including the end date
Request you all, to let me know if i am eligible for Gratuity or not ..
Thanks in Advance
Sreeni
From India, Bangalore
I worked in the ISP for below time period ...
Note: Half of my tenure was in Bangalore and last half was in Chennai and i Quite company when i was working in Chennai ..
From and including: Friday, 14 February 2003
To and including: Friday, 30 November 2007
It is 1751 days from the start date to the end date, end date included
Or 4 years, 9 months, 17 days including the end date
Request you all, to let me know if i am eligible for Gratuity or not ..
Thanks in Advance
Sreeni
From India, Bangalore
Dear Mr.Sreeni
According to the decision of the Honourable Madras High Court in Mettur Beardsell's case you are entitled to gratuity as according to this decision, the last 9 months and 17 days has to be regarded as one year of continuous service under the PG Act and if so construed you have completed five years of continuous service required under the PG Act to become entitled to gratuity. If your employer refuses to pay gratuity on the ground that you had not completed five years of continuous service, as required under the Payment of Gratuity Act, you may file a claim before the Controlling Authority under the Payment of Gratutiy at Chennai and appointed by the Central Government as your employer has branches in more than one State. Before the Controlling Authority under the Payment of Gratuity Act you can cite the decision of the Madras High Court in Mettur Beardsell's case. This Controlling Authority situate and functioning in Chennai which is within the territorial jurisdiction of the Madras High Court is bound by the decision in Mettur Beardsell's case. Wishing you good luck.
With regards
From India, Madras
169According to the decision of the Honourable Madras High Court in Mettur Beardsell's case you are entitled to gratuity as according to this decision, the last 9 months and 17 days has to be regarded as one year of continuous service under the PG Act and if so construed you have completed five years of continuous service required under the PG Act to become entitled to gratuity. If your employer refuses to pay gratuity on the ground that you had not completed five years of continuous service, as required under the Payment of Gratuity Act, you may file a claim before the Controlling Authority under the Payment of Gratutiy at Chennai and appointed by the Central Government as your employer has branches in more than one State. Before the Controlling Authority under the Payment of Gratuity Act you can cite the decision of the Madras High Court in Mettur Beardsell's case. This Controlling Authority situate and functioning in Chennai which is within the territorial jurisdiction of the Madras High Court is bound by the decision in Mettur Beardsell's case. Wishing you good luck.
With regards
From India, Madras
Hari Krishnan Sir,
Thanks a lot for the Valuable reply .. got some confusion in your statement please clarify the same.
Hari Sir Statement: “you may file a claim before the Controlling Authority under the Payment of Gratuity at Chennai and appointed by the Central Government as your employer has branches in more than one State.”
Do I need to go to any Central Government office also for Claim or only to Controlling Authority under the Payment of Gratuity at Chennai
Sir Please Note: My old Employer Head office is Chennai only, So do I still need to go to Central government or can I just file Claim before Controlling Authority under payment of Gratuity at Chennai.
Thanks in Advance
Sreeni
From India, Bangalore
Thanks a lot for the Valuable reply .. got some confusion in your statement please clarify the same.
Hari Sir Statement: “you may file a claim before the Controlling Authority under the Payment of Gratuity at Chennai and appointed by the Central Government as your employer has branches in more than one State.”
Do I need to go to any Central Government office also for Claim or only to Controlling Authority under the Payment of Gratuity at Chennai
Sir Please Note: My old Employer Head office is Chennai only, So do I still need to go to Central government or can I just file Claim before Controlling Authority under payment of Gratuity at Chennai.
Thanks in Advance
Sreeni
From India, Bangalore
Dear Mr.Sreeni
Please furnish the following information
1.What was last place of your employment? Whether it is Chennai or Bangalore or any other place?
2.Does your employer have branches in more than one State.
If you furnish the above information I will be able to clarify the issues raised by you.
With regards
From India, Madras
Please furnish the following information
1.What was last place of your employment? Whether it is Chennai or Bangalore or any other place?
2.Does your employer have branches in more than one State.
If you furnish the above information I will be able to clarify the issues raised by you.
With regards
From India, Madras
Dear Hari Krishnan Sir,
1A) My Last place of Employment was @ Chennai
2A) Yes, My old Employer got branches across India
Fyi please: My old Employer Head office & registered office is Chennai only.
Thanks & Regards
Sreeni
09886409498
From India, Bangalore
1A) My Last place of Employment was @ Chennai
2A) Yes, My old Employer got branches across India
Fyi please: My old Employer Head office & registered office is Chennai only.
Thanks & Regards
Sreeni
09886409498
From India, Bangalore
Dear Mr.Sreeni
As your last place of employment was at Chennai, the cause of action has arisen at Chennai and the Controlling Authority under the Payment of Gratuity Act at Chennai has the jurisdiction to decide any claim relating to you under the Payment of Gratuity Act.
As your employer has got branches across India, the Central Government is the appropriate Government under the Payment of Gratuity Act in respect of your employer.
Therefore if you want to file any claim under the Payment of Gratuity Act against your employer you have to file the claim before the Controlling Authority under the Payment of Gratuity Act appointed/notified by the Central Government.
For Chennai, the Controlling Authority under the Payment of Gratuity Act appointed/notified by the Central Government is situate at the Office of the Regional Labour Commissioner(Central) and this office is in Shastri Bhavan in Nungambakkam. The building also houses the Passport Office.
With regards
From India, Madras
As your last place of employment was at Chennai, the cause of action has arisen at Chennai and the Controlling Authority under the Payment of Gratuity Act at Chennai has the jurisdiction to decide any claim relating to you under the Payment of Gratuity Act.
As your employer has got branches across India, the Central Government is the appropriate Government under the Payment of Gratuity Act in respect of your employer.
Therefore if you want to file any claim under the Payment of Gratuity Act against your employer you have to file the claim before the Controlling Authority under the Payment of Gratuity Act appointed/notified by the Central Government.
For Chennai, the Controlling Authority under the Payment of Gratuity Act appointed/notified by the Central Government is situate at the Office of the Regional Labour Commissioner(Central) and this office is in Shastri Bhavan in Nungambakkam. The building also houses the Passport Office.
With regards
From India, Madras
Dear Hari Krishnan Sir,
Sorry to ask you for few more clarification’s…
1) Can I visit BANGALORE Office of “Controlling Authority under the payment of Gratuity Act appointed / Notified by the center government” to claim my Gratuity ?
2) To claim Gratuity through Controlling Authority, should the company be registered with this Government Authority or all the companies by default be coming under this Controlling authority.
Thanks & Regards
Sreeni
09886409498
From India, Bangalore
Sorry to ask you for few more clarification’s…
1) Can I visit BANGALORE Office of “Controlling Authority under the payment of Gratuity Act appointed / Notified by the center government” to claim my Gratuity ?
2) To claim Gratuity through Controlling Authority, should the company be registered with this Government Authority or all the companies by default be coming under this Controlling authority.
Thanks & Regards
Sreeni
09886409498
From India, Bangalore
Dear Mr.Sreeni
You cannot file a claim before the Controlling Authority under the Payment of Gratuity Act at Bangalore appointed/notified by the Central Government as your last place of employment was at Chennai.
The company need not be registered with the Government Authority for you to claim gratuity.
With regards
From India, Madras
You cannot file a claim before the Controlling Authority under the Payment of Gratuity Act at Bangalore appointed/notified by the Central Government as your last place of employment was at Chennai.
The company need not be registered with the Government Authority for you to claim gratuity.
With regards
From India, Madras
Dear HariKrishnaa Sir,
Thanks a lot for clarifying and answer all the question …. Will reach out to my Employer with all these details and also will update this forum the final status :)
Thanks & Regds
Sreeni
From India, Bangalore
Thanks a lot for clarifying and answer all the question …. Will reach out to my Employer with all these details and also will update this forum the final status :)
Thanks & Regds
Sreeni
From India, Bangalore
Below is the responce from my Employer :( ...any suggestion this please
Dear Srinivas
Pl understand you have left some in 2007 and you are asking about the Gratuity.
As per act you are entitle to get gratuity only on completion of 5 years. In a judgment they have given for a particular case that employee who have completed 240 days are entitle to get gratuity.
The act is not amended yet, only it is court ruling.
As you know our Gratuity trust is with LIC and at the time of forming the trust, it was mentioned in our deed to pay the gratuity only on completion of the 5 years, and to me more precise , the same is not amended. Normally there is no un paid fund on this, and we have given the termination list month on month and your account get closed.
You should have approached in 2007 (at the time of leaving) about this clarification, and it is too late. Associates who are completed 5 years without asking the gratuity settlement happen automatically. I can give many references for not being paid…… the law is not changed, and only court ruling is there …. I give below the text of law
Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will entitled to gratuity on completion of countinuous service of 5 years and while clarifying the 5 years complete service, Andhra Pradesh High Court had held that the minimum period for becoming eligible for payment of gratuity should not be less than 5 years since it should be complete 5 year service. It was further clarified that the words or part in excess of six months' are only meant for the purposes of computation of gratuity for the subsequent year or years to first complete 5 years. It was also held that if an employee has worked for 4 years 11 months and 10 days, he will not be eligible for gratuity for want of completion of 5 years. Further in a subsequent case, MADRAS HIGH COURT while relying upon the clarification by the SUPREME COURT pertaining to 240 working days in one year will be deemed to be continuous service of one year meaning thereby that there should not be complete 12 calender months' service. MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.
With this I am closing this mail.
From India, Bangalore
Dear Srinivas
Pl understand you have left some in 2007 and you are asking about the Gratuity.
As per act you are entitle to get gratuity only on completion of 5 years. In a judgment they have given for a particular case that employee who have completed 240 days are entitle to get gratuity.
The act is not amended yet, only it is court ruling.
As you know our Gratuity trust is with LIC and at the time of forming the trust, it was mentioned in our deed to pay the gratuity only on completion of the 5 years, and to me more precise , the same is not amended. Normally there is no un paid fund on this, and we have given the termination list month on month and your account get closed.
You should have approached in 2007 (at the time of leaving) about this clarification, and it is too late. Associates who are completed 5 years without asking the gratuity settlement happen automatically. I can give many references for not being paid…… the law is not changed, and only court ruling is there …. I give below the text of law
Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will entitled to gratuity on completion of countinuous service of 5 years and while clarifying the 5 years complete service, Andhra Pradesh High Court had held that the minimum period for becoming eligible for payment of gratuity should not be less than 5 years since it should be complete 5 year service. It was further clarified that the words or part in excess of six months' are only meant for the purposes of computation of gratuity for the subsequent year or years to first complete 5 years. It was also held that if an employee has worked for 4 years 11 months and 10 days, he will not be eligible for gratuity for want of completion of 5 years. Further in a subsequent case, MADRAS HIGH COURT while relying upon the clarification by the SUPREME COURT pertaining to 240 working days in one year will be deemed to be continuous service of one year meaning thereby that there should not be complete 12 calender months' service. MADRAS HIGH COURT has further held that an employee, who has put in service of 4 Years 10 Months and 18 Days in the 5 years, will be entitled to gratuity.
With this I am closing this mail.
From India, Bangalore
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc