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H.S.ACHARYA (Project Logistics Advisor )     21 May 2020

Gratuity

Dear Experts ,
We have allowed one of our employees to work after retirement age of 60 years for 2 more years and he has completed 4 years and 8 months service and worked till 31st March 2020.. Is he eligible for Gratuity under Payment of Gratuity Act ?


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 4 Replies

KISHAN DUTT KALASKAR (Advocate)     21 May 2020

No, such period beyond retirement need not to be counted. 

kavksatyanarayana (subregistrar/supdt.(retired))     21 May 2020

I opine he is eligible for gratuity as after retirement he was again appointed and he has completed 4 years and 240 days of service.

2 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 May 2020

Originally posted by : H.S.ACHARYA
Dear Experts ,We have allowed one of our employees to work after retirement age of 60 years for 2 more years and he has completed 4 years and 8 months service and worked till 31st March 2020.. Is he eligible for Gratuity under Payment of Gratuity Act ?

 

1. IRRESPECTIVE of his Age or whatever, IF the employee has totally worked for 4.8 months, THEN he is entitled to Gratutity, without any exceptions.

2. Where is the question of Retirement Age in Private firms and What was the point in raising such "beating around the bush questions".  

3. Apprehensively you want to escape Gratutity payments, by employing people who are nearing senior citizen age and claiming as you claimed in your query !

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

1 Like

Ritesh Maity (Labour Law Advocate)     29 May 2020

Correctly suggested by Mr. Hemant Agarwal. He is entitled to gratuity. The length of continuous service is important for the purpose of payment of gratuity. 

The retirement age is immaterial and cannot be a ground for non-payment of gratuity.


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