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srinivas (jao)     23 August 2013

Gratuity denied

Pl. guide me how to apprach labour court for claiming gratuity when employer denies for paying gratuity on the ground that 5 years of services not completed.  In my case total service rendered is 4 years 8 months 28 days in Railways.

Can I get favourable order from Labour Court



Learning

 1 Replies

Kumar Doab (FIN)     23 August 2013

Gratuity payable to employees of Indian railway is governed by Railway Services (pension) Rules, 1993

You may go thru rule 69, 70………

Railway Services (Pension) Rules -1993

70.       Retirement gratuity or death gratuity ï¿½ (1) (a) In the case of a railway servant, who has completed five years� qualifying service and has become eligible of service gratuity

There are good blogs for employees of Indian Railways e.g;

https://www.rscws.com/forums/showthread.php?tid=212

https://indianrailwayemployee.com/node/1309 { Good Blog}

Retirement Gratuity

  • When a Railway Employeehas rendered minimum qualifying service of 5 years Retirement Gratuity is paid at the rate of 1/4th of one month’s pay per each completed half year of service subject to a maximum of 161/2 month’s pay or 10 Lakh rupees whichever is less.

 

There are many threads on Gratuity at LCI.

https://www.lawyersclubindia.com/forum/display.asp?cat_id=9&forum_id=49#.UheIR9KAqWM

You may go thru these e.g;

Discussion > Labour & Service Law > Gratuity > Clarity between gratuity eligibility service (5 or 4.8 yrs)?

at

https://www.lawyersclubindia.com/forum/Clarity-between-gratuity-eligibility-service-5-or-4-8-yrs--28768.asp#.UheIZdKAqWM

The decisions of the court of law quoted in this thread may be useful for you.

Lawyers well versed with Railway rules, precedence’s,  court decisions can advice you.

Valuable advice of learned experts/members is sought.


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