LCI Learning
New LIVE Course: Toxicology and Law. Batch begins 21st July. Register Now!

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

abhijit majumder   27 January 2021 at 15:54

Gratuiry act 1972

To
The experts
The Payment of Gratuity Act 1972 inter alia states:
Payment of Gratuity.- Sec 4 (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-
(a) on his superannuation, or
(b) on his retirement or resignation,
(c) on his death or disablement due to accident or disease: .

1st query is what is the legal difference between superannuation(a) and retirement(b)?

2nd query is : If a person removed/terminated by the decision taken in board meeting from his service (on the ground of his physical incapacities due to over age(87 years, he join this company at the age of 70 years)) can the person be eligible for claim gratuity? Is his termination by the order of the Board fall under head of (a) Superannuation or (b) retirement, resignation?
Regards
Abhijit

Read more at: https://www.lawyersclubindia.com/experts/ask_query.asp

Anonymous   26 January 2021 at 23:33

Hra during eol without medical certificate

is hra applicalble on extra ordinary leave taken without medical certificate in central govt..plz specify the rules regarding this issue

Anonymous   24 January 2021 at 13:58

Gratuity on resignation after 5 yrs of service central govt

i have served in central govt dept for more than 5 yrs.now i am contemplating resignation from my service.. will i be eligible for gratuity.. i had also taken extra ordinary leaves for exams which were sanctioned by head of deptt..plz let me know

abhijit majumder   22 January 2021 at 11:25

Payment of gratuity under gratuity act 1972

To
The experts
If the terms & conditions of an employee is silent on payment of gratuity, then a employee who served the company for more than 5 years continuously (precisely 10 years 7 months) can claim gratuity under gratuity act 1972?
I am asking the query as because as per sec 4A Gratuity Act 1972 a person who served the Company for more than 5 years continuously is entitled to claim gratuity.
Regards
Abhijit Majumder

Yeshwant   17 January 2021 at 10:44

Phone issue

After updating the phone with latest software, phone got damaged (motherboard).
Phone got damaged due to buggy software.
They are asking to pay to get it repair.
Please advice how to approach.

Anonymous   13 January 2021 at 00:28

Need leave for 6-8 months central govt gr b job

i am working as central govt gr b offcer..i need leave fr 6-8 months for upsc preparation but my office has denied it.. how can i get leave as i am left with last attempt and i have already given mains 3 times..

Anonymous   12 January 2021 at 22:57

Is service as probationer a temporary service in central gov

I got my offer of appointment in 2016 from CAG OF INDIA, which is a Central Govt Department.

My offer of appointment said that "The period of probation will be two years. This may, however, be increased at the discretion of the appointing authority/ authority higher than the appointing authority. During the period of probation, his appointment will be purely temporary and governed by the CCS (TEMPORARY) RULES, 1965."

Now my department's Manual of Standing Orders (Admin.), states that

“ (iii) If however persons recruited initially on a temporary basis are confirmed subsequently in an order different from the order of merit indicated at the time of their appointment, their seniority shall follow the order of the confirmation and not the original order of merit.”

Now there are many employees in my office who were recruited before me and even they joined before me, but they are confirmed after me, because they passed the departmental confirmatory exam after me, and even our confirmation order also testify that. But my department has declare them senior to me.

when i objected in a written representation, my department answered that my recruitment was not on temporary basis. You were appointed as a probationer initially.

Now my question is when my offer of appointment clearly states that my appointment during period of probation will be purely on temporary basis and i will be governed by CCS (Temporary) Rules, 1965..... then, is my department right to say that my appointment was on probation.... but not temporary?

Ashish   11 January 2021 at 13:03

Regarding issuance of experience certificate to daily wager

I am working in one of the reputed central government funded educational institute as a "Daily wager" from many years around 17 years of service on daily wages basis... Now I need experience certificate to apply in another government job but for the same reason i wrote application regarding experience certificate but there is no reply and they are also not giving us anything like PF, ESI, Graduati etc... so what to do????... need urgent help

Ritesh Ranjan   10 January 2021 at 11:15

Service of legal notice u/s 80 of the cpc

Respected Sir/Madam/s,
Is it mandatory to serve a Legal Notice U/s 80 of the CPC through the Proper Channel say, if it is addressed to a Director of a govt. organisation, it should be routed through his subordinates ? OR, it can be directly served to the Director? Please guide.

Kishore99   09 January 2021 at 23:36

Termination of employment without any notice

Good evening sir,I am k.kishore from Visakhapatnam,rinl steel plant,my father is working as a watchman in SEA BHAVAN SOCIETY ( STEEL EXECUTIVES ASSOCIATION )The SEA SOCIETY COMMITTEE is warning us to vacate from sea bhavan and they removed my father job and accommodation,they came at the night around 10pm with JCB and collapsed my house.there is no support from management,we already sent a letter to rinl steel plant cmd, but cmd sir not responded yet,they are not paying salary since 6 months and tortured entire my family,my dad is not getting any esi,pf sir since he is serving the sea bhavan from 2001,there is only one employee in sea bhavan since 2001 but they are not providing esi,pf and minimum wages sir,they provided accomodation back side of sea bhavan and my father joined as a salary of 500/- per month,now he is getting 7000/- salary..yesterday last night around 10pm,they came with jcb and collapsed my room and left our households outside of sea bhavan sir, please help us to solve this problem sir, my father is the only 1 watchman for 6000 executive members since from the construction of sea bhavan,the backside room is provided by the LM.RAO garu who constructed sea bhavan in 2001 but present general secretary paramata Satyanarayana taking revenge to my family because of sexual harrasment letter on my mother is kept to CMD of steel plant towards paramata Satyanarayana..my family need justice from u sir, please provide my father job and accommodation..since he is working from 20 years,the salary is 7000/- per month,paramata Satyanarayana is the only person who is reason for this issue sir..he warned us even if PM Narendra Modi and steel minister will call me and say provide job and accomodation to my family,he said he will not provide job and accommodation to my family..

Now they terminated my father job without any notice and they didn't pay any gratuity and other termination benifits sir..please help me what are the benefits my father will get from that sea bhavan society..