An employee was working in the state PSU and after putting 3 years service he was terminated by the management as he had not having the qualification as per the post for which he was recruited and the mistake arised due to clarification by concern authority. After 6 month by interim order of Hon'ble HC he was reinstated . after 5 years the Hon'ble HC passed its judgement in favour of management and validate the dismissal order.
This order came into knowledge of management after 10 years. Management again issue the letter for termination from the back date. An appeal made by the employee before Hon'ble SC who upheld the decision of HC and also directed the management for 10 lakh compensation. Now whether he is eligible for payment of gratuity when his dismissal order has been found legal by court and at the same time he served more than 20 years in PSU.
From India, Lucknow
This order came into knowledge of management after 10 years. Management again issue the letter for termination from the back date. An appeal made by the employee before Hon'ble SC who upheld the decision of HC and also directed the management for 10 lakh compensation. Now whether he is eligible for payment of gratuity when his dismissal order has been found legal by court and at the same time he served more than 20 years in PSU.
From India, Lucknow
Hi Ranjan,
Yes, he should be liable for the Gratuity benefit. It is an employer mistake to hire an under qualified person for the position and after 20 years of service they are realizing that the person does not have required qualification which is pathetic.
If an employee is terminated on misconduct grounds, then he is not eligible for the benefit or else its his right to get the gratuity benefit.
From India, Hyderabad
21Yes, he should be liable for the Gratuity benefit. It is an employer mistake to hire an under qualified person for the position and after 20 years of service they are realizing that the person does not have required qualification which is pathetic.
If an employee is terminated on misconduct grounds, then he is not eligible for the benefit or else its his right to get the gratuity benefit.
From India, Hyderabad
Hi Asna
Let me clarify some fact. The employee was recruited for the post of welfare officer in Factory with a pre-condition that age relaxation may be given by the state govt who is appropriate govt under Act. This fact was known for both and when age was not relaxed by govt the management terminated the employee and pl see the decision of Apex as per which date of termination is within three years of employment
From India, Lucknow
Let me clarify some fact. The employee was recruited for the post of welfare officer in Factory with a pre-condition that age relaxation may be given by the state govt who is appropriate govt under Act. This fact was known for both and when age was not relaxed by govt the management terminated the employee and pl see the decision of Apex as per which date of termination is within three years of employment
From India, Lucknow
Hi Rajan,
As per the Court decision, if his date of relieving is within 3 years of service and not (as original) after 20 years of service, he will be deprived of getting gratuity. Because gratuity will be calculated basis your tenure on the last working day in the organization.
From India, Hyderabad
As per the Court decision, if his date of relieving is within 3 years of service and not (as original) after 20 years of service, he will be deprived of getting gratuity. Because gratuity will be calculated basis your tenure on the last working day in the organization.
From India, Hyderabad
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc