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MARIMUTHU P (Legal Practioner)     16 March 2012

Employee appointed as director

Dear brothers,

There is a person appointed as asst manager in a pvt ltd firm in Oct, 2000 and had been appointed as director from 2002 which was incorporated by submitting Form 32 A to ROC, for a remuneration of 18000/- as director's fees. TDS was deducted frrom his director's fee and paid under 194j of IT Act. The person resigned and was relieved in 31.05.2011. He is claiming gratuity stating that he has completed 10 yrs of service. The company is claiming that he was not employee since 2002 as he was paid only director's fee not salary.

Please guide me whether he is employee or director? Is he eligible for gratuity?

MARIMUTHU.P



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 1 Replies

V. VASUDEVAN (LEGAL COUNSEL)     17 March 2012

A whole time director is entitled to gratuity.

vasudevan


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