the school in which i and my colleague worked and retired is a govt aided school its is also a minority school
From India, Dewas
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From India, Dewas
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In that case, you are on par with regular government servants in respect of retirement benefits. If you were appointed prior to 01-04-2003, you are eligible to receive pension benefits, including gratuity, as per the old Pension Rules. Please check with your school administration, prepare the proposals, and submit them to the Accountant General through the proper channel.
From India, Salem
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6185From India, Salem
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Shri Umakanthan,
The OP should have given full information in the initial post itself. I had also mentioned in my first reply that they are entitled to gratuity based on the word "retired," which implies long service. The importance of providing full relevant information is once again highlighted. Here, despite being teachers, they misspelled gratuity as graduity.
From India, Pune
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The OP should have given full information in the initial post itself. I had also mentioned in my first reply that they are entitled to gratuity based on the word "retired," which implies long service. The importance of providing full relevant information is once again highlighted. Here, despite being teachers, they misspelled gratuity as graduity.
From India, Pune
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Your observations are quite correct and pertinent, Mr. Rao. More than 50% of the people raising queries fail to provide all the relevant details in their original posts. Probably in a bit of haste and despair, they simply pour out their feelings as if they are talking face to face. It is imperative that an employee, whether he is a government servant or otherwise, should have at least a rudimentary knowledge about the service regulations applicable to him right from his entry to exit. Certainly, it will go a long way in the matter of grievance redressal. Particularly in organizations where a clear-cut separation of line and staff functions is present, sufficient knowledge of service regulations is very much essential for line people.
From India, Salem
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From India, Salem
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Greetings of the day.
Could anybody please suggest how to claim gratuity from a company that does not pay gratuity? My wife has resigned from a proprietorship company after working for 10 years of continuous service. The company she used to work for does not accept that gratuity payment is a statutory requirement that needs to be fulfilled. Now, my wife wants to claim gratuity, and that is why it is necessary to know the procedure. Considering the present scenario, it is assumed that the management will not entertain the application. In that case, what should be the procedure to proceed further?
Looking forward to an early reply.
Thanks & regards
From India, Kolkata
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Could anybody please suggest how to claim gratuity from a company that does not pay gratuity? My wife has resigned from a proprietorship company after working for 10 years of continuous service. The company she used to work for does not accept that gratuity payment is a statutory requirement that needs to be fulfilled. Now, my wife wants to claim gratuity, and that is why it is necessary to know the procedure. Considering the present scenario, it is assumed that the management will not entertain the application. In that case, what should be the procedure to proceed further?
Looking forward to an early reply.
Thanks & regards
From India, Kolkata
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Thank you, Mr. Nathrao. One point to clarify: should a normal request letter be sent, or should a request letter along with Form "I" be sent? There is a possibility that the registered letter may not be received by the authority. In that case, how valid is it to send the same request by email? Is there any provision in the Payment of Gratuity Act stating that after separation, the employer must voluntarily settle the separated employee's gratuity within a stipulated time frame? Kindly advise.
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From India, Kolkata
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From India, Kolkata
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First, verify whether the proprietorship firm is covered by the Gratuity Act because the Gratuity Act is applicable to establishments employing 10 or more persons. If so, submit your claim in Form "I", if you have not done so already. If you have already submitted the claim in the prescribed form, please send a reminder via registered mail, informing them to settle the claim within a week's time. If they fail to do so, you will be compelled to resort to legal remedies to recover the same.
B. Saikumar
Navi Mumbai
From India, Mumbai
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B. Saikumar
Navi Mumbai
From India, Mumbai
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Dear Mr. Saikumar,
The Gratuity Act is applicable to the concerned company since it employs more than 100 employees. My question was what to do in case the management refuses to receive Form I sent through registered mail with AD. The management has an arrangement with the dispatching peon of the postal authority to show the envelope first to the manager of the company. If the manager suspects any issue based on the sender's name, he may choose not to accept the envelope. It is unclear what remark the concerned peon puts on the envelope, but that is the current practice. In that scenario, what would be an alternative way to submit Form I?
Thanks & regards
From India, Kolkata
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The Gratuity Act is applicable to the concerned company since it employs more than 100 employees. My question was what to do in case the management refuses to receive Form I sent through registered mail with AD. The management has an arrangement with the dispatching peon of the postal authority to show the envelope first to the manager of the company. If the manager suspects any issue based on the sender's name, he may choose not to accept the envelope. It is unclear what remark the concerned peon puts on the envelope, but that is the current practice. In that scenario, what would be an alternative way to submit Form I?
Thanks & regards
From India, Kolkata
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If the remark is 'refused', then it also amounts to good service. You can check it with the Postal authorities.
An employer has no option under the Gratuity Act to pay gratuity that is due under the Act to the eligible employee. He cannot avoid this obligation by refusing to accept the form/application. Now you have two options. One is to send the form again by registered AD, referring to the earlier communication that was returned to you. Simultaneously, alert the employer to his liability to pay interest for the period of delay, as sanctioned by the Act, and give them a week's time to settle it. Alternatively, you can approach the Controlling Authority, who is the Asst. Labour Commissioner (State), with an application for recovery of gratuity along with interest for the delay, furnishing all details/facts therein.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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An employer has no option under the Gratuity Act to pay gratuity that is due under the Act to the eligible employee. He cannot avoid this obligation by refusing to accept the form/application. Now you have two options. One is to send the form again by registered AD, referring to the earlier communication that was returned to you. Simultaneously, alert the employer to his liability to pay interest for the period of delay, as sanctioned by the Act, and give them a week's time to settle it. Alternatively, you can approach the Controlling Authority, who is the Asst. Labour Commissioner (State), with an application for recovery of gratuity along with interest for the delay, furnishing all details/facts therein.
B. Saikumar
HR & Labour Law Advisor
From India, Mumbai
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