Dear Sir,
I would like to ask a question regarding the dispute surrounding inclusion of DA that was admitted at the time of retrenchment but subsequently discontinued after reemployment while calculating gratuity after my resignation from there though I was eligible for gratuity for rendering more than 5 years of continuous service.
2. That, I was working as a contractual employee in an establishment and at the time of retrenchment I was drawing salary in the pay scale with DA, HRA and Medicine allowance combined altogether in the form of consolidated pay. The retrenchment was all of a sudden without any notice though the contract had expired three months before at the time of retrenchment.
3. I was reemployed again but paid less than what I was getting before. This time not in pay scale nor any other allowance that was being paid at the time of retrenchment - just a lump sum amount. I worked for a couple of months without any contract. Later, a contract was signed predated between me and my employer with a higher lump sum pay but without any other allowances as was being paid at the time of retrenchment. I was also not paid arrear dues for the back period after re-engagement while signing the predated contract.
Now, I have quit the job and claimed gratuity. But claimed DA, as was provided before retrenchment, to be included while calculating gratuity.
Under above circumstance, am I eligible to receive the DA at the same rate after reemployment as I was having before retrenchment? What are the acts and rules to refer to claim DA while calculating gratuity.
Any help will be highly solicited.
Thanks.
Kanhu
