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What are the rules of Gratuity


06-Aug-2023 (In Labour & Service Law)
Sir, Working as Med Officer from 17/2/14 in NGO Hospital, Vizag. On 30/07/18, in view of EMR implementation, HR served a letter stating that due to my advanced age, I will be relieved from services wef 30/09/18 and took my signature. 17/02/14-31/12/14 Worked more than 240 Days 1 Year 01/01/15-31/12/15 “ 2 year 01/01/16-31/12/16 “ 3 year 01/01/17-31/12/17 “ 4 year 01/01/18 - 31/07/18 Worked 212 01/08/18 - 30/09/18 61 (Notice Period) 273 Days 5 year It is pertinent to note, whole exercise seems an effort to avoid Gratuity that I am eligible for. Other than my signature on the letter duly signed by Managing Trustee & CEO, No Resignation has been submitted by me. Kindly advice. Look forward your invaluable advice for which act of kindness I shall ever grateful and thankful to you, 
Answers (1)

Answer #1
518 votes
Hi
You should obtain a stay against the NGO in the district court and ask the court to direct the NGO not to relieve you from the services of the NGO without payment of arrears of pay, provident fund, gratuity etc.
Unless and until you are not medically fit , no person can terminate your employment.
Please approach the district court immediately and obtain a stay and also directions to pay all of your salary till the disposal of your case.
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