Regarding gratuity

Querist : Anonymous (Querist) 18 August 2020 This query is : Resolved
can any government organisation refuse to give gratuity after 5 year service . saying that we have covered in gratuity rule 1976 and eligible only for gratuity when we retire or when died. No case when we resigned after 5 or more year of service.

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Dr J C Vashista (Expert) 18 August 2020
No, the employee shall be paid gratuity in terms of Section 4 of the Payment of Gratuity Act, 1972 as :
(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, or
(c) on his death or disablement due to accident or disease:
In your case you are entitled for gratuity.

Sudhir Kumar, Advocate (Expert) 18 August 2020
Payment of gratuity Act doe snot apply on govt servants.

They are governed by the statutary rules framed under Art 309 of the Constitution.

So stand of deptt is correct.

Advocate Bhartesh goyal (Expert) 18 August 2020
Yes, payment of gratuity Act 1972 is applicable to employees engaged in factories,mines,oilfields,plantations,ports,railway companies,shops or other estaBlishments with 10 or more employees so employees of govt organization are not eligible to get gratuity.

Rajendra K Goyal (Expert) 18 August 2020
Stand of department is correct, not eligible for Gratuity in the given facts.

P. Venu (Expert) 18 August 2020
You have not posted the complete facts. Anyhow you are not entitled for gratuity irrespective of whether you were covered by the Payment of Gratuity Act or the service law, as applicable.

Isaac Gabriel (Expert) 18 August 2020
Payment of gratuity Act 1972 is not applicable to Goverment service.

Querist : Anonymous (Querist) 18 August 2020
Thanks for suggestions.

Rajendra K Goyal (Expert) 19 August 2020
You are welcome, good habit to thank.

venkatesh Rao (Expert) 21 August 2020
Other things being constant, resignation forfeits all past service, nothing is permissible, let apart the Gratuity.

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