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ankur (xxxx)     20 May 2011

eligibility for gratuity

requested Clarification on payment of gratuity for continuous service even after attaining the age of 60 years as per the terms of service contract

 details attached


 4 Replies

R.R. KRISHNAA (Legal Manager)     20 May 2011

Dear ankur


As you have served for more than 5 years (continuous service) you are eligible for gratuity.


Even after the superannuation age you have been re-employed and you are serving the organization hence you are eligible for payment of gratuity.


Case law:

Jeewanlal (1929) Ltd VS C.A. under Gratuity Act    1982-I  LLN 217


Let’s wait for replies for your other queries.


Best wishes

1 Like

Isaac Gabriel (Advocate)     30 May 2011

1.You are entitled for full gratuity upto the date of relief or termination

2.gratuity will be calculated on the salary last drawn.

3.The LIC will release the gratuity calculating your age or retirement to the employer. But the   employers  is  bound to pay you the balance amount over and above the amount released by the LIC..

4.The Gratuity Act is suffice and no citaion is necessary for your case.

rajendrakhatana (AGM Admin/Hr)     22 June 2012

Sir,I am a trustee of gratuaty fund and my company is registerd with LIC to maitain GGCA fund pl give a guideline ,

I f our employees working with us at the age of 70 and his services are contiue than how many years to caculated for the payment of gratuaty,because we have submitted DEED OF VARIATION to LIC that age bar is 60 years and maximum gratuaty will be only  Rs 50 lakh ,we r also not paying their(above 60years)premium amount to Lic .pl suggest we seek ur guidelines in this matter

Isaac Gabriel (Advocate)     22 June 2012

The LIC will terminate its Group Gratuity Cash accumulation scheme on retirement of the employee at the age of 60.But if the employer retains his  his service, it is bound to give the gratuity  thereafter from its own resources.

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