I am working in a psu. I was initially appointed in November 1984 on contract basis for one year, then got extended on expiry of each term without giving any break . This continued till August 1990 where i was absorbed in the regular cadre of the psu before the expiry of my contract (the contract was to expire on August 1990, but i was regularized on 1st august 1990) . Now i am about to retire and P&A of this psu says that i will not get gratuity for my contract period ie from November 1984 to August 1990 although i have been in continuous service with this psu for more than 5 years without any break. The P&A of this Psu say that as per the gratuity scheme/rule this psu contract employees are not eligible for gratuity. Moreover gratuity is not mentioned in the original contract appointment letter.
Kindly let me know whether a psu can have its own gratuity rule. Is it mandatory for a psu to follow the gratuity act 1972 and its subsequent amendments. I was serving as a contract employee not as an apprentice and for this reason the P&A of this psu should count my gratuity from my initial contractual employment. Kindly let me know your valuable advice and suggestions. Thank you
From India, Jaipur
Kindly let me know whether a psu can have its own gratuity rule. Is it mandatory for a psu to follow the gratuity act 1972 and its subsequent amendments. I was serving as a contract employee not as an apprentice and for this reason the P&A of this psu should count my gratuity from my initial contractual employment. Kindly let me know your valuable advice and suggestions. Thank you
From India, Jaipur
The contention of the Management is wrong. The mode of employment of an employee is inconsequel as long as his service remains uninterrupted as per the provisions of the PG Act. Just because it happens to be a PSU neither its Rules and Regulations have any legal force nor can they can run counter to the provisions of a Statute like the Payment of Gratuity Act,1972 which in itself is a complete code on the subject matter of gratuity to industrial employees. Better you accept whatever gratuity paid by the PSU and then file a claim for gratuity for the left out period of service with interest before the Controlling Authority under the Act.
From India, Salem
6018From India, Salem
As advised, I also suggest your to get the gratuity amount whatever your company is paying first. Thereafter you can file a claim for the outstanding amount.
Check www.labourlawhub.com for more information on labour law.
From India, Kolkata
Check www.labourlawhub.com for more information on labour law.
From India, Kolkata
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Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf