The Payment of Gratuity Act, 1972

Mayank (Querist) 09 February 2010 This query is : Resolved
The Payment of Gratuity Act, 1972
Q2. As per Section 2(r), "superannuation", in relation to an employee, means the attainment by the employee of such age as is fixed in the contract or conditions of
service at the age on the attainment of which the employee shall vacate the
employment;

and as per section 2(q), “retirement" means termination of the service of an employee otherwise than on superannuation;

Shall the termination of an employee due to death be tantamount to termination with in the meaning of Section 2(q). (09-02-2010).

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Sarjooram Sharma (Expert) 09 February 2010
No, definition of death or disability is not given in section 2, the difinition section.

Raj Kumar Makkad (Expert) 09 February 2010
Yes. As it is a social legislation hence after death, all legal heirs are entitled to receive all service benefits as are granted at the time of retirement under the act and section 2 (q) rightly covers the event of death as retirement.

Mayank (Querist) 09 February 2010
thx

B K Raghavendra Rao (Expert) 09 February 2010
Death of an employee does neither mean "retirement" nor "superannuation". It is cessation of service due to death.

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