--------------Gratuity:
Gratuity is Payable in case of retirement/resignation/superannuation as explained in Section: 4: Payment of gratuity.
Section: 2 Definitions:
(e)
…………………….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].
--For the tenure of Govt. Service you may refer to the rules of the Govt. establishment and claim Gratuity accordingly from employer as per explanation of employer in sub section (f).
--For tenure of service with next employer, you may refer to the age of superannuation {superannuation is defined in sub section (r)} as explained in standing orders of the establishment/appointment letter issued to you.
Section: 4: Payment of gratuity: (5) nothing in this section shall affect the right of an employee to receive better terms of gratuity under any award or agreement or contract with the employer.
Therefore if you are contemplating to get better terms from your employer, employer can offer you better terms as in your mind. It shall be appropriate to get the terms sanctioned in writing or inserted in appointment letter even if in the form of some corrigendum.
The employer may agree to sanction some Ex. Gracia (taxable/tax free) if sanction in the form Gratuity is not possible.
You may take up the matter with employer.
The Govt. Official to contact is Controlling Authority of Gratuity which might be DLC in o/o Labor commissioner.
--------PF:
For the tenure of Govt. Service you may refer to the rules of the Govt. establishment.
For tenure of service with next employer, you may refer to the rules applicable to the establishment.
Has the employer stated you fall within the category of “Excluded Employee” as per provisions of THE EMPLOYEES' PROVIDENT FUNDS SCHEME, 1952
{"Excluded employee" means-
an employee who, having been a member of the Fund, has withdrawn the full amount of his contribution in the Fund (a) on retirement from service after attaining the age of 55 years of (b) before migration from India for permanent settlement abroad; or for taking employment abroad;
an employee whose pay at the time he is otherwise entitled to become a member of the Fund, exceeds Rs. 6500.00 per month;}
The official to contact is APFC/RPFC in concerned office of PF commissioner or even officials at your location can guide you.
The contact details are available in directory at;
www.epfindia.gov.in
--------ESIC:
The applicability is for wages up to Rs.15000/pm as per definition of wages explained in the Act.
You can contact the officials in local office.
For post retrial benefit of ESIC from previous Govt. Establishment, you may find the following useful.
The availability of health care is an integral part of right to life itself and also also as a part of social security. The Supreme Court in Regional Director, E.S.I.C. Vs. Francis De Costa, 1993 (Suppl.) IV SCC page 102,………………………….under the Employees State Insurance Act,1948 made observations regarding the nature of medical and disability benefits, which may usefully be reproduced. The Court held:-
The Act is a social security legislation. It is settled law that to prevent injustice or to promote justice and to effectuate the object and purpose of the welfare legislation, broad interpretation should be given, even if it requires a departure from literal construction. The court must seek light from loadstar Articles 38 and 39 and the economic and social justice envisaged in the Preamble of the Constitution which would enliven meaningful right to life of the worker under Article 21. The State enjoined under Article 39(e) to protect the health of the workers, under Article 41 to secure sickness and disablement benefits and Article 43 accords decent standard of life. Right to medical and disability benefits are fundamental human rights under Article 25(2) of Universal Declaration of Human Rights and Article 7(b) of International Convention on Economic, Social and Cultural Rights. Right to health, a fundamental human right stands enshrined in socio-economic justice of our Constitution and the Universal Declaration of Human Rights. Concomitantly right to medical benefit to a workman is his/her fundamental right. The Act seeks to succour the maintenance of health of an insured workman. The interpretative endeavou Rightr should to effectuate the above. Right to medical benefit is, thus, a fundamental right to the workman."
In case of :
Rakesh Bedi Versus Air India Ltd. & Anr
The HC Delhi has taken light from above SC judgment and has decided that:
“The respondents are directed to provide medical benefits as a post retiral benefit …………………………… Needless to mention that the petitioner would also be liable to make contribution if required and made by other employees for obtaining this retrial benefit.”
It shall be appropriate to approach a competent and expereinced labor consultant/service lawyer with all of your documents, give inputs in person and proceed under expert advice of your lawyer.
