Gratuiry act 1972

(Querist) 27 January 2021 This query is : Resolved
To
The experts
The Payment of Gratuity Act 1972 inter alia states:
Payment of Gratuity.- Sec 4 (1) Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years,-
(a) on his superannuation, or
(b) on his retirement or resignation,
(c) on his death or disablement due to accident or disease: .

1st query is what is the legal difference between superannuation(a) and retirement(b)?

2nd query is : If a person removed/terminated by the decision taken in board meeting from his service (on the ground of his physical incapacities due to over age(87 years, he join this company at the age of 70 years)) can the person be eligible for claim gratuity? Is his termination by the order of the Board fall under head of (a) Superannuation or (b) retirement, resignation?
Regards
Abhijit

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Quick Summary

This discussion clarifies aspects of the Payment of Gratuity Act 1972. It seeks to differentiate between 'superannuation' and 'retirement' under the Act. Additionally, it explores whether an 87-year-old employee, terminated due to physical incapacities from old age, is eligible for gratuity, and if this termination falls under superannuation or retirement.

SHIRISH PAWAR, 7738990900 (Expert) 27 January 2021
Hello,

As per my opinion person shall not be eligible for getting benefits under the Gratuity act. In your case, it is termination from services. For more help, you can post the employment agreement so that further advice can be given.

abhijit majumder Online

(Querist) 28 January 2021
thanks for reply
Regards
Abhijit Majumder