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Worked for 6 years company is not giving gratuity fund


06-Feb-2023 (In Labour & Service Law)

i worked with Allahabad bank for 6 years. i want to resign, they are not paying my gratuity they are saying i am not eligible for so. what can i do in this manner?

Answers (2)

Answer #1
785 votes
As per the Payment of Gratuity Act, 1972 & Rules, an employee is eligible for getting gratuity after the completion of five years in a organization. But the employee/worker must have worked for 240 days a year. Few organization/companies etc bring out a issues saying a worker has not worked for 6 days in a week, In that case, It is not the matter whether a six working days in a week or 5 working days in a week. In my opinion after the completion of period of five years you will be entitled for getting the benefit of gratuity, wether you work any more or not.

In your case, you are eligible for gratuity. Now, you need to apply for you gratuity first, and the moment they deny your request of gratuity in written. You may proceed to the concerned authorities.
Answer #2
716 votes
As per Section 4 of the Payment of Gratuity Act 1972, you are eligible for gratuity as you have completed minimum 5 years of service. You can approach the Industrial Tribunal for the redressal of your grievances.

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