Gratuity payable
Ramesh
(Querist) 05 April 2017
This query is : Resolved
I am 75 years of age and was employed with a school on contractual basis on a consolidated salary. I have rendered more than 7 years of continues service. I was retired from the services of school once i attained the age of 75 as per their policy.
My question is i am eligible to receive Gratuity from the school.
If Yes then please let me know the gratuity calculation formula.
Regards,
Dr. R.K. Batra
DR.VEDULA GOPINATH
(Expert) 06 April 2017
Dr Batra
Gratuity is a gratis for the services rendered by the employee, apart from certain statutory rules.
Since you have rendered more than five years services, you are eligible for Gratuity under the Act.
Best regards
cs dr vedula gopinath advocate/arbitrator
Advocate. Arunagiri
(Expert) 06 April 2017
As per the labour act, the retirement for the private company employee is 58, those who are working beyond that age cannot be treated as employee. They can not claim any benefits as per the labour acts.
So, this author can not claim gratuity from his company.
Adv. Yogen Kakade
(Expert) 06 April 2017
I agree with Mr. Arungiri.. the service you are seeking for is age barred.
Kumar Doab
(Expert) 06 April 2017
The payment of Gratuity Act does not mention age.
Kumar Doab
(Expert) 06 April 2017
Since you want to avail Gratuity as per your post.
You may make a gentle request.
At the most employer shall decline.
Although you have posted clear words like 'retired from the services of school'.
You may reconfirm you were engaged as an employee or not?
You were paid salary or Fee.
You were working as regular employee!
Do you have copy of Form16 issued to you?
Ramesh
(Querist) 07 April 2017
Dear Mr. Kumar Doab,
I was employed as an employee on contractual employment basis.
I was getting a fixed consolidated salary and at the end of each financial year Form 16 was issued to me.
Thanks & regards,
Dr. R. K. Batra
Kumar Doab
(Expert) 07 April 2017
You have posted that:
" I was retired from the services of school once i attained the age of 75 as per their policy."
Do you have copy of the policy?
Kumar Doab
(Expert) 07 April 2017
Gratuity= { (Basic+DA)/26*15*No. of Years in service}
(Basic+DA) as per last drawn salary.
After 7 years take period more than 6 months as= 1 year
Submit FormI under proper acknowledgment.
Kumar Doab
(Expert) 07 April 2017
You have posted about school's policy.
Your DOB,age was known to school at DOJ and retirement.
Kumar Doab
(Expert) 07 April 2017
Has the school declined to pay Gratuity?
If yes post exact reason mentioned to you.
Dr J C Vashista
(Expert) 08 April 2017
I agree with expert advise of Mr. Arunagiri, you were employed on fixed salary and "Contractual" assignment, therefore, ineligible for gratuity despite the fact that you have served for about 7 years but on contract.
Guest
(Expert) 08 April 2017
Dr. Batra,
Your query is quite deficient about the very vital facts, like where did you work prior to your employment in schools, whether you got gratuity on your retirement/ superannuation from the previous organization(s) and what was the amount, as gratuity, you got in which period.
Guest
(Expert) 08 April 2017
Arunagiri is the Director of the Company Gemmia Oil tech Ltd which had cheated the Indian Public to the tune of Rs.900 crores and suspended in BSE and SEBI and Proceedings are in Process.Many Innocent Investors had Committed Suicide also.So Beware._Posted in the Interest of Innocent Querists
Rajendra K Goyal
(Expert) 08 April 2017
Some experts are in the habit of giving lectures having vested interests rather to advice in positive way / contribute for the query.
Their single moto is to close this forum.
Probably they may not succeed.
Guest
(Expert) 08 April 2017
Thanks for the Wise Confirmations of my Posts.Appreciated.Regards.
Rajendra K Goyal
(Expert) 08 April 2017
Neither it is a good habit nor requirement of the thread to comment on others.
Rajendra K Goyal
(Expert) 08 April 2017
More vague / unwarranted / irrelevant / posts.
Neither it is a good habit nor requirement of the thread to comment on others.
Experts should try to be sober.
Guest
(Expert) 08 April 2017
Once again Thanks for Confirming the Genuineness in my Posts.Appreciated
Rajendra K Goyal
(Expert) 08 April 2017
God bless the people who dare to say guilty others while self is full of evils.
Aamin.
Guest
(Expert) 08 April 2017
Self Exposure is Appreciated.
