Gratuty
A.SANGAMESWARA RAO.
(Querist) 31 July 2015
This query is : Resolved
Sir,
I am working as Manager-stores and Excise in a pharmaceutical manufacturing organization in Private sector in Vijayawada Andhra Pradesh since 35 years. In 2006 I have taken gratuity and P.F.to meet my financial expenditure.After three months I have again joined in the same organization in the same post and continuing my services.Now i am 65 years age. Up-to now I am getting ESI and P.F.Now Iwant to resign. One of colleague is telling that I am not eligible for gratuity since our company is paying gratuity through LIC under group gratuity scheme. The person is telling LIC will not pay after 60 years. They will pay gratuity up-to 60 years age. Please let us know that I am eligible for gratuity or not. According to my view the company is responsible for paying Gratuity and we are not connected with LIC.
Please let me know to get total gratuity for 9 years which I have completed 9 years service.
Thanking you sir,
A/Sangameswara Rao.
Kumar Doab
(Expert) 31 July 2015
If Gratuity rules are decided by Payment of Gratuity Act then this Act does not lay any ceiling on age limit,no. of times Gratuity can be claimed /paid. The limit of tax Free payment of gratuity is fixed at Rs.10 Lacs. Above it Gratuity can be subjected to tax treatment.
In your case the employer is same and has in its records the quantum of Gratuity already paid.
You can claim payment of Gratuity for second tenure of employment.
You may wait for advise of other experts.
Rajendra K Goyal
(Expert) 31 July 2015
If your service conditions / appointment letter does not specify any condition regarding non payment of gratuity in such cases, you should apply.
