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vinodray parmar (professor)     24 May 2015

Calculation of length of service for gratuity purpose.

I joined a College on 09/09/2002 as Professor on Adhoc basis with fixed salary. After interview, I was appointed as Professor on regular grade without break of service. On 11/03/2014 night, I had an accident hence remained on leave on LWP basis from 12/03/2014 onward. On 20/08/2014, when I approached for re-joining with Fitness Certificate, I was not allowed and my services were terminated orally. Now for calculation of Gratuity, the length of service should be counted from 09/09/2002 i.e. DoJ the College or from 20/09/2002, appointment on regular grade? If 09/09/2002 is considered, then the length of service becomes 11Y, 6M, 2 days i.e 12 years. During no year in 11 years, my working days are less than 240 days. Kindly guide me in this matter and oblige. Thanks Prof. V. P. Parmar Vadodara


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 1 Replies

Kumar Doab (FIN)     24 May 2015

Other threads by the querist;

 

 

https://www.lawyersclubindia.com/forum/About-pf-and-gratuity-58041.asp

 

https://www.lawyersclubindia.com/forum/Eligibility-for-gratuity-110279.asp#.VWF_ilJ-hkg

 

https://www.lawyersclubindia.com/forum/Closing-epf-account-voluntarily-is-it-possible--104196.asp#.VWF_71J-hkg

 

https://www.lawyersclubindia.com/forum/Closing-of-epf-account-vountarily-is-it-possible--104402.asp

 

https://www.lawyersclubindia.com/forum/So-many-lawyers-no-one-to-answer-104612.asp#.VWGAYFJ-hkg

 

https://www.lawyersclubindia.com/forum/Responsibility-of-guarantor-59034.asp#.VWGAvlJ-hkg

 

 

You should preferably spend qulaity time in person with an able labor Law consultant/Service Matters Lawyer/Law firm and show all documents on record and proceed further under expert advise of your lawyer.

 

You can also seek support from various teachers associations.

 

Your counsel may opine that:


1. You may count from DOJ be it adhoc joining and you have already posted that there was no break in service.

 

2. Termination during sickness may prove to be a bad order. Sickness is not misconduct and leave is due to be approved.

3. The approved leave is counted in period to be considered for Grauity.

4.You may count period of employment as 12Years.

Other threads by the querist;

 

 

https://www.lawyersclubindia.com/forum/About-pf-and-gratuity-58041.asp

 

https://www.lawyersclubindia.com/forum/Eligibility-for-gratuity-110279.asp#.VWF_ilJ-hkg

 

https://www.lawyersclubindia.com/forum/Closing-epf-account-voluntarily-is-it-possible--104196.asp#.VWF_71J-hkg

 

https://www.lawyersclubindia.com/forum/Closing-of-epf-account-vountarily-is-it-possible--104402.asp

 

https://www.lawyersclubindia.com/forum/So-many-lawyers-no-one-to-answer-104612.asp#.VWGAYFJ-hkg

 

https://www.lawyersclubindia.com/forum/Responsibility-of-guarantor-59034.asp#.VWGAvlJ-hkg

 

 

You should preferably spend qulaity time in person with an able labor Law consultant/Service Matters Lawyer/Law firm and show all documents on record and proceed further under expert advise of your lawyer.

 

You can also seek support from various teachers associations.

 

Your counsel may opine that:


1. You may count from DOJ be it adhoc joining and you have already posted that there was no break in service.

 

2. Termination during sickness may prove to be a bad order. Sickness is not misconduct and leave is due to be approved.

3. The approved leave is counted in service and period to be considered for Grauity.

4.You may count period of employment as 12Years.


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