Gratuity calculation

Praveen Kumar Chopra (Querist) 08 May 2019 This query is : Resolved
Suppose an employee worked in an organization for the period from 01.04.1987 to 31.03.1998 and thereafter terminated because of any reason. His services was reinstated due to verdict of high court w.e.f. Dec 2000 and now in 2019 he was retired.

My question is for calculation of gratuity as to which period`s basic pay will be taken for calculating gratuity for 01.04.1987 to 31.03.1198. Is it basic pay as on 31.03.1998 or of 2019 ?

Please advise.

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Adv Shailendra Deshpande (Expert) 08 May 2019
Check with HC order. If reinstatement is allowed from DOJ, then gratuity shall be calculated on last drawn BA + DA. From the facts stated above, it seems there is break in service, hence it is better to discuss and clarify matter with local labour law practitioner for interpretation of order.

kavksatyanarayana (Expert) 08 May 2019
Dear querist, the judgement of High Court need to be verified. If the judgement is in his favour, then the termination period will also be counted for pension.

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