After 16 years of service, I resigned from my company. It's a Pvt. Ltd. firm with offices in Delhi and Kochi. I worked in the Delhi office. At the time of my departure, there were 4 staff members in Delhi, and I am uncertain about the staff strength in the Kochi office. Throughout my tenure, there were more than 20 staff members in both offices.
When I submitted Form I for my gratuity, management sent me a letter stating that I am not eligible for gratuity in accordance with the provisions of section 1(3) of the Gratuity Act 1972. Is this correct? Kindly assist me.
Regards,
Jose
From India, Delhi
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1When I submitted Form I for my gratuity, management sent me a letter stating that I am not eligible for gratuity in accordance with the provisions of section 1(3) of the Gratuity Act 1972. Is this correct? Kindly assist me.
Regards,
Jose
From India, Delhi
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Your employer is wrong. You are eligible for gratuity since at some point in time your company had more than 10 employees. So, you can legally approach the court designated for it. You have to approach the court after 30 days of resignation, and you are eligible to receive the gratuity with an interest rate of 12%.
From India, Kochi
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From India, Kochi
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc