I was appointed on permanent employment after my earlier retirement when I was 62 years old. Upon reaching 67 years of age, the management transitioned me to a contract basis without any break. After completing 4 years and 10 1/2 months, I was put on contract employment. I have now completed 5 years and 6 1/2 months in the same company. However, the management now says I am not eligible for gratuity. Please help me.
From India, Bangalore
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From India, Bangalore
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I think that your query relates to your post-retirement service only. The issue of gratuity arises only on the termination of the post-retirement spell of your service under the same employer.
From your inputs, it is discernible that your employment under the same employer continues but with a change in its mode, i.e., from regular to contract basis only at the behest of the employer. I presume that the contract mentioned is probably a fixed-term contract and not through any contractor.
When your contract basis employment comes to an end, you are entitled to gratuity for the entire period of your post-retirement service as it would exceed the minimum qualifying service of five years under the same employer. As per the Madras High Court's judgment in Mettur Beardshell case, which finds a place in the discussions of this forum very frequently, even you are entitled to gratuity for the regular service of 4 years + 10 months. Therefore, the contention of your management is not correct.
If your employment stands terminated now, you can file a claim for gratuity for the entire spell of your post-retirement service before the Controlling Authority under the Payment of Gratuity Act, 1972.
From India, Salem
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6108From your inputs, it is discernible that your employment under the same employer continues but with a change in its mode, i.e., from regular to contract basis only at the behest of the employer. I presume that the contract mentioned is probably a fixed-term contract and not through any contractor.
When your contract basis employment comes to an end, you are entitled to gratuity for the entire period of your post-retirement service as it would exceed the minimum qualifying service of five years under the same employer. As per the Madras High Court's judgment in Mettur Beardshell case, which finds a place in the discussions of this forum very frequently, even you are entitled to gratuity for the regular service of 4 years + 10 months. Therefore, the contention of your management is not correct.
If your employment stands terminated now, you can file a claim for gratuity for the entire spell of your post-retirement service before the Controlling Authority under the Payment of Gratuity Act, 1972.
From India, Salem
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Kami Export - Negative Covenant in Contract of Employment.pdf (1).pdf