Need advise on Gratuity!!!!!!!!
Querist :
Anonymous
(Querist) 27 December 2010
This query is : Resolved
employee" means any person (other than an apprentice) employed on wages, in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.
HI experts, please find above definition of employee as given under gratuity act, would request each one of you to let me know whether govt employees are covered under the definition of employee and if yes, then what should be the proper interpretation of the words "but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act"
thanks
Gulshan Tanwar
(Expert) 27 December 2010
You are covered under government servant but not under Gratuity Act as Central civil service rules and pension rules governs you as there is a ceiling in gratuity of Rs. 3.5 lakhs but which had been raised to Rs.10 Lacs and further there are more relevant rules and regulations for government servants, employees etc. which are governed as per their Act under which they have been taken into the service.
Take Subramaniams Book on Administration, every detail has been incorporated and nicely dealt by the Author.
Kirti Kar Tripathi
(Expert) 28 December 2010
Agree with Mr. Gulshan. Those employees, who are governed with gratuity rules and pension rules of Central Government or State Government are not covered with Payment of Gratuity Act. However, those employees, who are not covered under the said gratuity and pension rule but are Government employee are eligible for gratuity under the Act.
Ajay Bansal
(Expert) 28 December 2010
SEE A.I.R. MANUAL.
Ahmed Daud Girach
(Expert) 28 December 2010
Central civil service rules apply for government employee and State civil service rules apply in states say for Gujarat civil service rules.Please refer www.pensionersportal.gov.in
