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A.Ramamoorthy (Consultant Accounts/EDP)     16 May 2012


Dear Sir/Madam,

I am working as full time consultant and looking after day to day accountings, Finalisation of Annual Accounts, handling Internal , Statutory & AG.Auditors.  I have been appointed on consolidated pay from 1.7.2007, initially for 6 months and subsequenly by one year extending by the Board of Directors (4 IAS, 2 Non IAS). From 1.4.2010 onwards EPF is deducted and equal contribution is made by the Corporation @ 12% on my consolidated pay of Rs.25,000( at present)

Now, my tenure of consultancy period gets expired on 30.6.2012 and likely to be extended.  My question is, in case if my service period is not extended, whether i am eligible to claim Gratuity as per Companies Act.  I am now 59 years of age and my date of Birth is 10.08.1953. 

Present employer is a Govt of Tamil Nadu undertaking - TAMIL NADU MINORITIES ECONOMIC DEVELOPMENT CORPORATION LTD., and only one of the channelising agency of NMDFC, New Delhi for the upliftment of Minority COmmunities in TN.

If i am eligible for gratuity the amuont would be around Rs.72115/- ( Rs.25000* (15/26)* 5)

Kindly help and claify me



Chennai - 600 002


 1 Replies

Anjuru Chandra Sekhar (Advocate )     16 May 2012

You should have minimum 5 years of continuous service to be eligible for Gratuity. 01-07-2007 to 30-06-2012 is five year period. However Act mentions a tricky phrase "not less than 5 years" which means you require one more day.  Relaxation is possible if you have good terms with employer. 

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