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Eligibility for gratuity

Page no : 2

Kumar Doab (FIN)     30 December 2011

The valuable advice of learned experts/members is sought.

The statements of your employer are verbal or in writing?

You can approach the jurisdictional authority at Banglore and clarify the stand of your employer. Either employer is right or you are right or jurisdictional authority shall be right. You can use RTI route if required.

"The Payment of Gratuity Act 1972 is a Central Act.
The Karnataka Cooperative Societies Act is a State Act.

Provisions of State Act cannot override the provisions of Central Act. (unless otherwise enacted)

Hence any establishment where 10 or more employees are employed is governed by the Payment of Gratuity Act 1972.

Those cooperative societies which are coming under the Payment of Gratuity Act 1972 ( i.e. less than 10 employees) may pay as per the KCS Act and its Rules.

The Payment of Gratuity Act 1972 recommends only better gratuity schemes and not less."


V. VASUDEVAN (LEGAL COUNSEL)     30 December 2011

I agree with Mr. Khandelwal. Even if an establishment works only for 5 days, the divisional factor will remain to be 26 days and not 22 days.


Ham (Data Entry Operator)     30 December 2011

Dear Sir ,

I work in a Self Financing - Minority Arts and Science College in Chennai. I work as a Non-teaching Staff. I joined college on Dec 2008. They are debiting PF from my salary from 2009 onwards only. I like to know whether gratuity amount will come once I resign my job on Jan 2013. I like to know whether pvt college give gratuity amount once we resign. If yes wht is the percentage and calculation of it. We work 6 days a week. My salary is less then 10000 per month. Plz tell me abt it.


Thanks & Regards


NAGAPPA B NESUR (PROPRIETOR)     31 December 2011


My previous employer informed me through e-mail that the Madras High Court decision is not tenable here in Bangalore.

What is the consequences?



Basheer (TL)     31 December 2011


 Whether Training Period would consider for number of year service?

Kumar Doab (FIN)     31 December 2011

@ Basheer

Who is the employer?

The interruption period in between training period and regular appointment, it
is stated that the training should be followed immediately by an appointment, which
mean that there should not be any interruption. Even if any interruption falls between
training period and regular appointment that should not exceed the joining time
admissible under the relevant rules for the purpose of benefit.

If the matter is not resolved the o/o jurisdictional authority can be approached for clarifications.

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