Dear friend,

I understood from your letters that you have not submitted the Gratuity claim application form No. I am attaching the same for your reference and records. Kindly fill it and send it through registered post to get the acknowledgment for further reference. Please do it as a priority. I assume you are familiar with the gratuity calculation method: Basic + DA / 26 x 15 x number of years of service.

Regards,
Alphonse

From India, Madras
Attached Files (Download Requires Membership)
File Type: doc Gratuity Form I.doc (28.0 KB, 228 views)

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Dear Viswanath,

Thanks for disclosing your identity. You have rightly assessed that the Central Government shall be the appropriate authority for the Mars-India software company with branches in Hyderabad, Bangalore, and Mumbai. Therefore, you have to approach the Assistant Commissioner Labor (Central), Hyderabad, who is the Controlling authority for entertaining your application under the Payment of Gratuity Act, 1972. The reason is if you go through the definition of 'Appropriate Government' given under Section 2(a)(b) of the PG Act carefully, you will find that any establishment having branches in more than one state, the appropriate authority shall be the Central Government.

You have rightly mentioned their office address, which is situated at ATI Campus, Vidyanagar, Hyderabad-500007. It shall be better if you approach personally to the Controlling Authority with Form 'N' duly completed in all respects. Your personal meeting with the Controlling Authority may bring some positive results since you have to explain the reasons for submitting the application abnormally late. Since you are in India temporarily, you may have to authorize someone to appear before the Controlling Authority on your behalf.

BS Kalsi

Member since Aug 2011

From India, Mumbai
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Mahr
505

Hi Vishwanath,

You should approach the central labor commissioner based out in Hyderabad and submit your petition. However, please don't forget to take a counterfoil for the petition submitted. I strongly feel that your last employer is not very concerned because of your current location, and people sometimes tend to overlook things like that as they don't want to deal with government offices.

I would also suggest that you consult a corporate adviser or advocate for better advice.

From India, Bangalore
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