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Lalith Bala (n/a)     03 March 2011

Gratuity

Is there any case laws / amendments to support the view that Gratuity needs to be paid to deceased employees only till period of service and not till retirement age

 

Regards

Lalith.B



Learning

 3 Replies

Tapan Amoria (Manager H.R.)     05 March 2011

No Case can support this logic infact it is violation of Gratuity Act.

Lalith Bala (n/a)     07 March 2011

Could you please update on how this voiates Gratuity act. To my knowledge no were in the Gratuity Act it has been mentoined that Gratuity needs to be paid till age of retirement in the case of deceased employees.

Regards

Lalith.B

Kirti Kar Tripathi (lawyer)     08 March 2011

Gratuity is payable only till the date of termination, In the case of death of an employee is considered date of termination. Thus legal heir of an the employee are entitled for the gratuity amount till the date death of employee. Payment of Gratuity Act give an exption for eligibilty perios of qualifying service of 5 years in the case of death on an employee. Thua if the employee has not completed 5 years continuous service before his death, even then, his legal heirs are entiled for the gratuity under the Act.

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