Hi all! A retired government employee who has received gratuity and is currently receiving a pension was hired as a professor at our educational institution. He has served for 11 years so far. As someone who has already availed retirement benefits such as gratuity and pension from the government's service, is he eligible to receive pension and gratuity payments now?
From India, Vijayawada
Acknowledge(0)
Amend(0)
1From India, Vijayawada
Acknowledge(0)Amend(0)
Did the poster pay salary to the retired person who is also a pensioner for the service rendered by him to the educational institution? If the answer is 'Yes', then the same analogy applies to payment of gratuity also.
Drawing pension for the services rendered under the Government cannot be a disqualification for his reemployment in any private institution. Gratuity is a statutory payment payable to the employee by the employer on account of termination of his employment after completion of the prescribed minimum qualifying service. How can a subsequent employer derive the benefit of not paying gratuity just because the employee derived the same benefit from someone else? Even if the employer had paid gratuity to the employee on attaining the age of superannuation, if he re-employs the same employee, it is a different spell of service entitling him to gratuity when he completes the minimum qualifying service during the subsequent spell and resigns or is sent out by the employer for whatever reason other than dismissal for any moral turpitude or riotous behavior.
From India, Salem
Acknowledge(0)Amend(0)
Drawing pension for the services rendered under the Government cannot be a disqualification for his reemployment in any private institution. Gratuity is a statutory payment payable to the employee by the employer on account of termination of his employment after completion of the prescribed minimum qualifying service. How can a subsequent employer derive the benefit of not paying gratuity just because the employee derived the same benefit from someone else? Even if the employer had paid gratuity to the employee on attaining the age of superannuation, if he re-employs the same employee, it is a different spell of service entitling him to gratuity when he completes the minimum qualifying service during the subsequent spell and resigns or is sent out by the employer for whatever reason other than dismissal for any moral turpitude or riotous behavior.
From India, Salem
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc