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Terminated from job without reason and no gratuity given


18-Nov-2023 (In Labour & Service Law)
Respected Sir/Madam,I was working in School in Paharganj,  as a accountant from 04/07/2011. My total salary is 16278/- and salary breakup is Basic Pay :- 12662D.A:- 2816A.D.A:-800Total :-16278/-I request to you that please guide me that what is my gratuity amount as per rules of govt. of India. I am also know that what I claim from school on tremination from my job without any reason and notice period. Please help me now I am jobless. Please reply asap. Regards, 
Answers (2)

Answer #1
985 votes
Dear Sir,
As per the provisions of the section 4(1) of the Payment of Gratuity Act 1972, (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years. However as per the provisions of the sub section (6) of the same Act Notwithstanding anything contained in sub-section (i),
(a) the gratuity of an employee, whose services have been terminated for any act, wilful omission or negligence causing any
damage or loss to, or destruction of, property belonging to the employer, shall be forfeited to the extent of the damage or loss so caused. (b) the gratuity payable to an employee 1[may be wholly or partially forfeited (i) if the services of such employee have been terminated for his riotous or disorderly conduct or any other act of violence on his part; or (ii) if the services of such employee have been terminated for any act which constitutes an offence involving moral turpitude, provided that such offence is committed by him in the course of his employment.
In your query you have not mentioned as to on what grounds your services were terminated. If it is illegal and malafide, you may take my help at a very reasonable cost.
Answer #2
535 votes
Sir, please look up Gratuity Act provisions. You will entitled for Gratuity if you have completed 5 yrs service. Just submit an application to School in prescribed format. You will get money in 1-2 months. If School does not comply or co-operate, you can approach Labour Court.

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