Gratuity payment-two times

Ramesh Kumar Bissa (Querist) 07 April 2012 This query is : Resolved
One officer has resigned in November 2004 after service of 19 years but before his release of Gratuity payment he requested for reappointment and managemnet accepted his request and reappointed him in April 2005.
Now He is claiming gratuity for Ist phase of service (1985 to 2004).

Till date no payment in this regard has been made.

Experts may kindly give their opinion in this case whether paymnet should be made or not to be made.

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Guest (Expert) 07 April 2012
You have not mentioned when his gratuity was first released and paid for the period from 1985 to 2004.

Ramesh Kumar Bissa (Querist) 07 April 2012
We have not released and paid Gratuity for Ist phase of service. That why he is claiming the same.

Guest (Expert) 07 April 2012
Then how you have treated gratuity payment two times? His due gratuity was to be paid.

Ajay Bansal (Expert) 07 April 2012
As advised above. Further it is advised to see Payment of Gratuity Act.

Sudhir Kumar, Advocate (Expert) 07 April 2012
If you could tell whether employment is Govt or not

Nadeem Qureshi (Expert) 07 April 2012
agree with Mr. Dhingra

Ramesh Kumar Bissa (Querist) 09 April 2012
Employee is working in PSU.

Two times gratuity payment means Gratuity for 1st phase of service and gratuity payment at the time of second separation ( Superannuation/resignation etc.)

Guest (Expert) 09 April 2012
He is entitled to his gratuity for both the spells of service with your organisation.

Ramesh Kumar Bissa (Querist) 09 April 2012
Agreed sir, that he is entitled to his gratuity for both the spells of service.

But whether his Gratuity for 1st spell can be paid during his 2nd spell of service/ before his superannuation.

Guest (Expert) 09 April 2012
It is not understood, why you are reluctant to pay the genuine and legal gratuity dues of the employee.

Ramesh Kumar Bissa (Querist) 09 April 2012
Thanks for Expert opinion.

Guest (Expert) 09 April 2012
You are welcome.

Ramesh Kumar Bissa (Querist) 17 May 2012
Sir,
One more question.
Max limit of Rs.10 lacs is applicable to all services in different organisations together or for single service or single spell of service or service in more than than one spells in same organisation.

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