In that case you are on par with regular Govt.servants in respect of retirement benefits.Had you been appointed prior to 01-04-2003, you are eligible to get pension benefits including gratuity as per the old Pension Rules.Check with your school administration, prepare the proposals and submit them to the A.G through proper channel.
From India, Salem
6018From India, Salem
Shri Umakanthan
The OP should have given full information in initial post itself.
I had also opined in my first reply that they are entitled for gratuity based on the word retired which gives rise to assumption of long service.
The importance of giving full relevant information is again highlighted
Here inspite of being teachers,they spelt gratuity as graduity.
From India, Pune
The OP should have given full information in initial post itself.
I had also opined in my first reply that they are entitled for gratuity based on the word retired which gives rise to assumption of long service.
The importance of giving full relevant information is again highlighted
Here inspite of being teachers,they spelt gratuity as graduity.
From India, Pune
Your observations are quite correct and pertinent,Mr.Rao. More than 50% percent 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 Govt.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
From India, Salem
Greetings of the day. Could any body please suggest how to claim gratuity from a company which do not pay gratuity. My wife has resigned from a proprietorship co. after working 10 years of continues service. The co she used to work do not accept that gratuity payment is a statutory payment and it needs to be taken care. 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 management will not entertain the application then what should be the procedure to go further. Look forward to an early reply.
Thanks & regards
From India, Kolkata
Thanks & regards
From India, Kolkata
Thanks Mr. Nathrao. One point to clear whether a normal request letter to send or a request letter along with Form " I "to be send. There is a possibility that the registered letter may not be received by the authority and in that case how far it is valid to send the same by email. Is there any provision in the payment of Gratuity Act that after separation employer has to voluntarily settle separated employee's gratuity within some stipulated time frame.Kindly advise.
Thanks & regards
From India, Kolkata
Thanks & regards
From India, Kolkata
First verify whether the proprietorship firm is covered by the Gratuity Act because Gratuity Act is applicable to establishments employing 10 or more persons. If so, submit your claim in Form "I', if you have not so far submitted.If you already submitted the claim in the prescribed form, please send a reminder under registered Ad telling them to settle the claim within a week's time, failing which you will be compelled to resort to legal remedies to recover the same.
B.Saikumar
navi Mumbai
From India, Mumbai
B.Saikumar
navi Mumbai
From India, Mumbai
Dear Mr. Saikumar,
The Gratuity Act is applicable to the concerned company since it employs more than 100 employee. My question was what to do in case the management refused to receive Form I to be sent through registered with AD. The management has an arrangement with the dispatching peon of postal authority to show the envelope first to the manager of the company and if the manager smells some problem by the name of the sender then he may not receive the envelope. It is not known what is the remark the concerned peon put on the envelope but that is the practice. In that case what would be alternate way to submit the Form I.
Thanks & regards
From India, Kolkata
The Gratuity Act is applicable to the concerned company since it employs more than 100 employee. My question was what to do in case the management refused to receive Form I to be sent through registered with AD. The management has an arrangement with the dispatching peon of postal authority to show the envelope first to the manager of the company and if the manager smells some problem by the name of the sender then he may not receive the envelope. It is not known what is the remark the concerned peon put on the envelope but that is the practice. In that case what would be alternate way to submit the Form I.
Thanks & regards
From India, Kolkata
If the remark is 'refused', then also it 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 again the form by registered AD referring to the earlier communication that was returned to you, simultaneously alerting the employer to his liability to pay interest for the period of delay that is sanctioned by the Act and giving 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
B.Saikumar
HR & Labour Law advisor
From India, Mumbai
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