Gratuity payable--

Charudutta R. Mhalgi (Querist) 11 April 2012 This query is : Resolved

Respected Sir,

My query is regarding gratuity payable.If the person is appointed on retainership basis and monthly payment is made by cheque only.There is no appointment letter only one increment letter is there out of two increment are made.There is a continue service of five years not a single day gap.
Whether that person is eligible for
gratuity or not ?

Kindly advice for the same.

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Sankaranarayanan (Expert) 11 April 2012
yes those who are completed the services of 5 years then they are eligible to get the gratuity According to your statement you completed 5 yrs so certainly you are eligible

Ajay Bansal (Expert) 11 April 2012
Agreed as above.

prabhakar singh (Expert) 13 April 2012
Whether that person is eligible for
gratuity or not ?

In circumstances stated by you only and only
"yes" is my answer.

Guest (Expert) 13 April 2012
Depends upon the terms of agreement. If the monthly payment of the remuneration for his services is in terms of wages, he would be eligible for gratuity. But, if he received remuneration for in terms of fee on retainership basis, he would not be eligible for any gratuity.

prabhakar singh (Expert) 13 April 2012
हाँ भाई धींगरा जी भी ठीक कहत हवं अगर वेतन प् होइबा तबे मिली gratuity.

prabhakar singh (Expert) 13 April 2012
मेहनताना प् होइबा हमारे मतीन तब न मिली

RAJU O.F., (Expert) 15 April 2012
If you are sure that your name was in the pay roll of the regular employees of the company for more than 5 years and if there is no enquiries pending against you, then you must be eligible for gratuity. If so, cause to issue a legal notice through an advocate practicing labour matters (on behalf of employees).

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