santhoshmpkumar
Hi all I have already resigned from the company on 2008 Jan. But i couldn't get my gratuity til now.They are telling various reason when i ask them.is this allowed by the company rule or act? what action I can take to get my gratuity.

From India, Thiruvananthapuram
v.harikrishnan
169

Please give the following particulars Date of joining Date of leaving Nature of activity of the company Number of persons employed in the company.
From India, Madras
santhoshmpkumar
thank you Harikrishnan sir for replay
i am dropping here other detail
date of joining 03-11-2000
6 month probation
basic pay 7500 when leaving
gross salary 29000
date of resign 10-01-2008
Animation Studio
around 500 persons while joining time

From India, Thiruvananthapuram
santhoshmpkumar
thank you Harikrishnan sir for replay
i am dropping here other detail
date of joining 03-11-2000
6 month probation
basic pay 7500 when leaving
gross salary 29000
date of resign 10-01-2008
Animation Studio
around 500 persons while joining time

From India, Thiruvananthapuram
v.harikrishnan
169

Dear Mr.Santhoshkumar
You are entitled to get gratuity at the rate of 15 days pay for every year of continuous service. In your case the number of years of continuous service is 7 years 2 months and 07 days. You are entitled to get gratuity for seven years at the above specified rates. One day wage is to be calculated by dividing the last basic plus dearness allowance by 26. I have assumed that during the period of service with your employer there was no break in the service rendered by you.
With regards

From India, Madras
santhoshmpkumar
thank you sir And i am very clear in your sincere replay. I have one more query regarding this issue. How many moth they can take to issue the gratuity? with in one month or one year after resign?
From India, Thiruvananthapuram
ramit_chd
8

Dear Mr.Santhoshmpkumar,
As per Payment of Gratuity Act 1972, Section 7 Sub-section 3, the employer is liable to release the amount of gratuity within 30 days. In case failure on his part, the controlling Authority (Asstt Labour Commissioner/ Labour Commissioner)may be contacted to determine the gratuity amount besides the damage (interest)for the delayed period. Application FORM ‘I’ to claim the Gratuity is given below;

From India, Delhi
ramit_chd
8

Subject - Re:Gratuity
Dear Mr.Santhoshmpkumar,
As per Payment of Gratuity Act 1972, Section 7 Sub-section 3, the employer is liable to release the amount of gratuity within 30 days. In case failure on his part, the controlling Authority (Asstt Labour Commissioner/ Labour Commissioner)may be contacted to determine the gratuity amount besides the damage (interest)for the delayed period. Application FORM ‘I’ to claim the Gratuity is given below;

From India, Delhi
Attached Files (Download Requires Membership)
File Type: doc Gratuity Form I.doc (21.5 KB, 324 views)

santhoshmpkumar
thank you for replay one more query regarding this. what is the the situation if employer terminated one person. Terminated guy is eligible for gratuity?
From India, Thiruvananthapuram
v.harikrishnan
169

depends on the reason for termination. if you need a view from me pls furnish full details
From India, Madras
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