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ravi venkataraman (commercial executive)     24 October 2010

Consultant

Respected counsels,

I am working for a SME enterprise as a Commercial Executive.

My boss who was the works Manager with our Company  retired in October 2001 after attaining 60 years and subsequently employed as Technical Consultant with our Company in the following month in November 2001. He has been paid with monthly consultant remuneration by deducting the TDS.

Till date he is in the Company as Tech.Consultant and wish to retire from December 2010.

Is he eligible for any gratuity or super annuation? Secondly he was paid with Bonus @20%, Annual Leave of 45 days etc...

Shall appreciate of your replies whether he is eligible for the above referred

 

With Regards.

 

Ravi.V.

raviatreya14@gmail.com

.

 



Learning

 8 Replies

adv. rajeev ( rajoo ) (practicing advocate)     24 October 2010

He is retired  after attaining retirement age so he cannot claim gratuity because his appointment amounts honrary

ami (Dy.Inspector of Schools)     24 October 2010

Sir in Govt side a retired person is posted in a scheme as a consultant ,but entrusted with multi crore budgetry central govt scheme of REGULAR in nature .Is it legally valid and he gets pension and honorarium together!!

V. VASUDEVAN (LEGAL COUNSEL)     24 October 2010

Technical consultation is governed by the agreement between the company and the consultant or the letter of assignment, which would set out the terms of remuneration. A Consultant is not entitled to any retiral benefit.

ami (Dy.Inspector of Schools)     24 October 2010

dear vasu ji do you mean the Govt .sector.if not please clarify-AMI

V. VASUDEVAN (LEGAL COUNSEL)     25 October 2010

My response is with reference to the specific query regarding  Private Sector where an employee,post retirement is engaged as a consultant on specific terms. 

vasudevan

ami (Dy.Inspector of Schools)     25 October 2010

O.K Vasu ji Thank you.But i will be garteful if you please clarify regarding Govt.sector-AMI

ami (Dy.Inspector of Schools)     25 October 2010

O.K Vasu ji. But i will be grateful if you clarify Govt. sector please.

V. VASUDEVAN (LEGAL COUNSEL)     26 October 2010

Dear Ami,

For Government, I am not aware of the regulations. You may post it as a query in the expert forum, for expert's guidance.

vasudevan


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