Request Letter Format For Gratuity Rules
Respected forum members, I have gone through many discussions on various forums regarding the subject matter and reading comments supporting yes as well as no I am stucked up in such a situation now I am leaving my present employer upon completion of 4 years and 11 months DOJ was & Date of Relieving is. The company is saying that they will pay gratuity only upon the completion of 5 years The company claims that as per Payment of Gratuity Act and Rules, 1972, 240 days of service shall be considered as a continuous service for the year only in the case of death What is the actual fact? Is there any possibility as per gratuity rules for me to get gratuity. How can I convince my company for getting me the gratuity? Kindly suggest/help me in this matter Thanks in advance. Avast internet security final licence avastlic 2038135005.
The letter has to end with proper signature. The enclosures, if any have to be mentioned at the end of the entire letter. Crack keygen. The letter has to have single spacing throughout. Download REQUEST LETTER FORMAT.
Dipil Kumar Vasu Safety Professional dipilkumar@gmail.com. HC and SC judgments are enclosed. As per these you are eligible. The person who has stated as posted by you and given below may be asked to go thru the act carefully. “ The company claims that as per Payment of Gratuity Act and Rules, 1972, 240 days of service shall be considered as a continuous service for the year only in the case of death” Section: 4 Payment of gratuity. Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement: You may submit the FormI to good office of your appointing authority and Controlling Authority of Gratuity which may be ALC in your case under proper acknowledgment from both. Attached File: downloaded 1096 times.
The above Sec 4 is completely out of context If Mr Dipil Kumar is being terminated due to disablement, then it may apply OTHERWISE ITS NOT APPLICABLE Its really strange that you cannot complete one more month for getting your Gratuity CAN YOU EXPLAION THE PRESSING AND UNAVOIDABLE REASONS Is there any provision of Waiver from the Employer or Waiver may be applied due to unavoidable circumstances under which you may not be able to complete one more motn, from 1/10/2012 to, and so authorities may waive this condition. Payment of Gratutity on completion of less service is no bar, but payment on completion is binding on Employer.
Thus in special circumstances waiver can be done, if its given in the ACT its good OR THE APPLICANT WILL RESORT TO PRINCIPLES OF NATURAL JUSTICE TO GET JUSTICE FROM THE COURT OF LAW AFTER HIS APPLICATION IS REJECTED BY THE EMPLOYER. Submission of Form I is not litigation. You may submit the FormI to good office of your appointing authority and Controlling Authority of Gratuity which may be ALC in your case under proper acknowledgment from both, with a covering letter and mention that the reply be supplied to you by redg/speed post and for this purpose a self addressed postage prepaid envelope is enclosed. Let them reply to you by redg/speed post. The judgment by HC and SC has already been attached. You have worked for more than 240days in the fifth year.
The calculation is to be made from/preceding the date of reference, which you can also make. The learned courts have also observed: “The employee who had actually worked under the employer for not less than 240 days during a period of 12 months shall be deemed to have been in continuous service for a period of one year whether or not he has in fact been in such continuous service for a period of one year. It is enough that he has worked for 240 days in a period of 12 months.” And this is already enshrined in the Payment of Gratuity Act, 1972: Section: 2A Continuous service. @Kumar Doab Sir: I have submitted a formal request letter to the company requested to pay the gratuity.I will surely update this forum regarding the final word from my management. I have to get relieved tomorrow from the company.