Can anybody help me in the case of gratuity? If I have worked for 28 years in a government job, but due to the lower court decision, my service got terminated. However, I appealed the same in the High Court where it is under proceedings against the lower court decisions. Can I get my gratuity for my 28 years of service?
From India, Ranchi
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From India, Ranchi
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I have a question. If anybody retires on the due date but has not completed 5 years of service due to late joining, will he be eligible for gratuity or not? I do remember there was one judgment on this issue, and the Supreme Court awarded a favorable decision. Members are requested to focus and please share a copy/reference of such a decision.
From India, Pune
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12From India, Pune
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There is no reason to wait for amendment in the Act to change the eligibility for the Gratuity , as per my view. This may invite the litigation in future.
From India, Pune
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From India, Pune
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I am a retired Bank Officer and retired on October 31, 2016. My queries are as follows:
As per our Officers' Service rules, the payment of Gratuity is as outlined below:
- The Bank's scheme of Gratuity entails one month's PAY for every completed year of service, subject to a maximum of 15 months' pay. This shall be the Gratuity payable as per the Bank's Scheme of Gratuity. In cases where an Officer has completed more than 30 years of service, they shall be eligible for an additional amount at the rate of 1/2 month's pay for each completed year of service beyond 30 years.
PAY for the purpose of Gratuity as per OSR'79 shall include:
A. Basic Pay
B. Permanent Special Allowance, if any
C. Personal Allowance, if any
Dearness Allowance shall not, however, be included.
Statutory Gratuity:
(Gratuity payable as per "The Payment of Gratuity Act, 1972")
For every completed year of service or part thereof in excess of six months, the employer shall pay Gratuity to the employee at the rate of 15 days' wages. This is based on the principle that a worker earns a month's wage for attending work on 26 working days. As per the Act; Wages X 15/26 X number of years of service. The ceiling on the maximum amount of Gratuity is fixed at Rs. 10.00 lakhs. Wages as per the Act means and includes the following:
A. Basic Pay
B. Dearness Allowance
C. Special Allowance, if any
D. PQP/FPP, etc.
E. Personal Allowance, if any
CCA & Adjusting Allowance shall not, however, be included.
The Bank has not followed the Gratuity Act 1972 as they excluded Special Pay from the total salary, which is part of pay since 2012, and DA is paid thereupon. I have learned that the Supreme Court has issued a ruling cleared by the FM and sent to IBA for comments, pending with them. Please advise on the further course of action.
From India, Gurgaon
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As per our Officers' Service rules, the payment of Gratuity is as outlined below:
- The Bank's scheme of Gratuity entails one month's PAY for every completed year of service, subject to a maximum of 15 months' pay. This shall be the Gratuity payable as per the Bank's Scheme of Gratuity. In cases where an Officer has completed more than 30 years of service, they shall be eligible for an additional amount at the rate of 1/2 month's pay for each completed year of service beyond 30 years.
PAY for the purpose of Gratuity as per OSR'79 shall include:
A. Basic Pay
B. Permanent Special Allowance, if any
C. Personal Allowance, if any
Dearness Allowance shall not, however, be included.
Statutory Gratuity:
(Gratuity payable as per "The Payment of Gratuity Act, 1972")
For every completed year of service or part thereof in excess of six months, the employer shall pay Gratuity to the employee at the rate of 15 days' wages. This is based on the principle that a worker earns a month's wage for attending work on 26 working days. As per the Act; Wages X 15/26 X number of years of service. The ceiling on the maximum amount of Gratuity is fixed at Rs. 10.00 lakhs. Wages as per the Act means and includes the following:
A. Basic Pay
B. Dearness Allowance
C. Special Allowance, if any
D. PQP/FPP, etc.
E. Personal Allowance, if any
CCA & Adjusting Allowance shall not, however, be included.
The Bank has not followed the Gratuity Act 1972 as they excluded Special Pay from the total salary, which is part of pay since 2012, and DA is paid thereupon. I have learned that the Supreme Court has issued a ruling cleared by the FM and sent to IBA for comments, pending with them. Please advise on the further course of action.
From India, Gurgaon
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Gratuity to teachers - Revised SC order.pdf
Gratuity on Retrenchment in closure of unit-SC judgment.docx