Eligibility of gratuity in powergrid

Kindly find out if

Payment of Gratuity Act, 1972 is applicable to your establishment, and you are covered under the definition of employee as explained in the Act.

Section: 1
Short title, extent, application and commencement.

(3) It shall apply to­

Section: 2
Definitions.

In this Act, unless the context otherwise requires, -

(b) "completed year of service" means continuous service for one year;

(e) "employee" means any person (other than an apprentice) employed on wages, [3] [***] in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, [4] [and whether or not such person is employed in a managerial or administrative capacity, 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].

Explanation : [5] [***]

Section: 2A
Continuous service.

For the purposes of this Act, -

If you are eligible as per provisions of the statutory enactment you may submit FormI to the o/o Appointing Authority/MD under acknowledgment.

If the company maintains studied silence or rejects your claim you can approach o/o Controlling Authority of Gratuity which may be DLC at your location.

  Section: 7
Determination of the amount of gratuity.

(3) The employer shall arrange to pay the amount of gratuity within thirty days from the date it becomes payable to the person to whom the gratuity is payable.

(4)

(a) If there is any dispute as to the amount of gratuity payable to an employee under this Act or as to the admissibility of any claim of, or in relation to, an employee for payment of gratuity, or as to the person entitled to receive the gratuity, the employer shall deposit with the controlling authority such amount as he admits to be payable by him as gratuity.

It shall be appropriate to show the standing orders of the company extended to your designation, contract of employment to a competent and experienced labor consultant/service lawyer specializing in such matters and proceed under expert advice.

Power Grid of India:

Gratuity rules can be seen at:

https://hr.powergridindia.com/HRWebSite/RTIInfo/GratuityRules.pdf

and are attached.

EMPLOYEES GRATUITY FUND

1.0  DEFINITIONS:

b) “Beneficiary”means an employee entitled to gratuity in accordance with the

provisions of these Rules.

d) “Employee”means any person (other than an apprentice) employed on wages

in the Company irrespective of the rate of his pay and status, but does not

include an employee of State, Central Government or other Government or in-dustrial concerns working with the company on foreign service terms

m) All other words, terms and expressions not defined herein above shall have the

meaning respectively assigned to them in the Payment of Gratuity Act, 1972

and Rules made thereunder and the Income Tax Act, 1961 and Rules made

thereunder.

9.0 ELIGIBILITY AND SCALE OF GRATUITY

33.0 PAYMENT OF GRATUITY

i) An employee who is eligible for payment of gratuity or any person authorised, in

writing to act on his behalf, shall apply to the Secretary within 30 days from the

date the gratuity becomes payable in Form-E (annexe).

36.0 AGREEMENT TO BE BOUND BY RULES

Every employee when joining the Fund shall subscribe an agreement as in Form A

(annexed).

Service Rules can be seen at:

https://hr.powergridindia.com/HRWebSite/RTIInfo/ServiceRules.pdf

and are attached.

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It shall help many of the fellow countryment and employees who visit the forum.