Gratuity - have worked for a pvt Ltd company for 20 years Gratuity - have worked for a pvt Ltd company for 20 years

1 year ago

I have worked for a pvt Ltd company for 20 years. They have removed me during covid. Am i eligible for gratuity. My last drawn salary was 35000/-. Its almost three years now. They have not given any gratuity. What is the solution.

Kishan Dutt Kalaskar

Responded 1 year ago

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A.Dear Sir,
Your entitled for gratuity as per following ruling. You may go to the concerned office or approach the following authority.

4years 240 days is enough for claiming gratuity.


As per Madras High Court judgement in a case of Mettur Beardsell Limited [represented by its Personal Manager], Madras v/s Regional Labour Commissioner [Central Authority under the Payment of Gratuity Act, 1972], Madras, it has been stated that if an employee has rendered continuous service of 240 days in the fifth year of service then for the purpose of calculation of gratuity, it must be considered as if he has completed FIVE years of continuous service.



Please approach the following authority or similar authority in a state


The Office Commissioner of Labour
Karmika Bhavan, Dairy Circle,
Bannerghatta Road, Bangalore-29.
080-29753078
[email protected]
Addresses of Labor Inspectors in Bengaluru in different locations



Section 12 in The Industrial Disputes Act, 1947
12. Duties of conciliation officers.- (relevant section 12(2) of ID Act)

(1) Where any industrial dispute exists or is apprehended, the conciliation officer may, or where the dispute relates to a public utility service and a notice under section 22 has been given, shall hold conciliation proceedings in the prescribed manner.

(2) The conciliation officer shall, for the purpose of bringing about a settlement of the dispute, without delay, investigate the dispute and all matters affecting the merits and the right settlement thereof and may do all such things as he thinks fit for the purpose of inducing the parties to come to a fair and amicable settlement of the dispute.

(3) If a settlement of the dispute or of any of the matters in dispute is arrived at in the course of the conciliation proceedings the conciliation officer shall send a report thereof to the appropriate Government 1 or an officer authorised in this behalf by the appropriate Government] together with a memorandum of the settlement signed by the parties to the dispute.

(4) If no such settlement is arrived at, the conciliation officer shall, as soon as practicable after the close of the investigation, send to the appropriate Government a full report setting forth the steps taken by him for ascertaining the facts and circumstances relating to the dispute and for bringing about a settlement thereof, together with a full statement of such facts and circumstances, and the reasons on account of which, in his opinion, a settlement could not be arrived at.

(5) If, on a consideration of the report referred to in sub- section (4), the appropriate Government is satisfied that there is a case for reference to a Board, 2 Labour Court, Tribunal or National Tribunal,] it may make such reference. Where the appropriate Government does not make such a reference it shall record and communicate to the parties concerned its reasons therefor.

(6) A report under this section shall be submitted within fourteen days of the commencement of the conciliation proceedings or within such shorter period as may be fixed by the appropriate Government: 3 Provided that, 4 subject to the approval of the conciliation officer,] the time for the submission of the report may be extended by such period as may be agreed upon in writing by all the parties to the dispute.]

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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 year ago

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A.Dear Client, you are eligible and have right to receive gratuity from the Company for continuous service for long 20 years. However, you did not disclose the reason behind your removal from the Company.
In case your service is terminated for a proven misconduct as laid down in Sub-sec(6),(a),(b) of Sec.4 of the Payment of Gratuity Act, 1972, Company/Employer may forfeit the gratuity payable to an employee wholly or partially.
Save and except the above reason, you are entitiled for gratuity from the Company and you can approach the Controlling Authority and Asst. Labour Commissioner concerned for desired reliefs.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 1 year ago

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A.Hello,
In this situation, what steps an employee can take if their company denies the entitled gratuity. The first thing you can do is send a legal notice to your employer. Then, you can also file a complaint with the district office of the labour commissioner if your employer still doesn't provide you the entitled gratuity.
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