I worked with one organization for 4 years and 294 days and resigned from the job, but the company is not giving gratuity. I have approached company officials several times and communicated with them about the decision of the Madras High Court both orally and in writing; however, I have still not received my gratuity amount. I have also submitted a written, humble request letter for gratuity, but I have not received the gratuity amount.
Please suggest what should be done to get the gratuity amount.
Thanks in anticipation.
Regards,
Mahesh
From India, Pune
Acknowledge(0)
Amend(0)
Please suggest what should be done to get the gratuity amount.
Thanks in anticipation.
Regards,
Mahesh
From India, Pune
Acknowledge(0)Amend(0)
I suppose you are from Pune, Maharashtra. The Madras High Court judgment is not binding upon your case. For entitlement to gratuity, you need to complete 5 years. This issue has been discussed many times earlier in this forum.
From India, Mumbai
Acknowledge(0)Amend(0)
2584From India, Mumbai
Acknowledge(0)Amend(0)
Dear Mahesh,
As per the Gratuity Act, employees who have completed at least 5 years of service in a company are eligible for gratuity. If you have confirmed the details of the Gratuity Act and still have not received the amount, you may need to file a case against your employer in the Labour Court.
I hope this information helps in resolving your issue.
Best regards,
From India, Mumbai
Acknowledge(0)Amend(0)
As per the Gratuity Act, employees who have completed at least 5 years of service in a company are eligible for gratuity. If you have confirmed the details of the Gratuity Act and still have not received the amount, you may need to file a case against your employer in the Labour Court.
I hope this information helps in resolving your issue.
Best regards,
From India, Mumbai
Acknowledge(0)Amend(0)
Madras High Court decision is valid in Tamilnadu only. In other states one should complete 5 years of service for Gratuity eligibility.
From India, Hyderabad
Acknowledge(0)Amend(0)
From India, Hyderabad
Acknowledge(0)Amend(0)
Understanding Court Judgments in India
Please remember for all times to come that it is the Supreme Court judgment which can have application in any state in India, whereas the judgment of a High Court will have application in the jurisdiction of the Court concerned or in adjoining states. Such being the case, I am in total agreement with my colleagues above that the judgment of the Madras High Court will not be applicable in the instant case; hence, the procedure to be followed for the claim has no relevance.
Regards,
S.K. Johri
From India, Delhi
Acknowledge(0)Amend(0)
Please remember for all times to come that it is the Supreme Court judgment which can have application in any state in India, whereas the judgment of a High Court will have application in the jurisdiction of the Court concerned or in adjoining states. Such being the case, I am in total agreement with my colleagues above that the judgment of the Madras High Court will not be applicable in the instant case; hence, the procedure to be followed for the claim has no relevance.
Regards,
S.K. Johri
From India, Delhi
Acknowledge(0)Amend(0)CiteHR is an AI-augmented HR knowledge and collaboration platform, enabling HR professionals to solve real-world challenges, validate decisions, and stay ahead through collective intelligence and machine-enhanced guidance. Join Our Platform.
SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc