Eligibility for gratuity

Querist : Anonymous (Querist) 09 September 2018 This query is : Resolved
I am an Ex-Inspector of CRPF now Officer in Central PSU. I joined CRPF on 01-07-2005, in the year 2018 after obtaining NOC from CRPF i appeared for selection in PSU and after selection in PSU my technical Resignation was accepted. I resigned CRPF with effect from 21-11-2017, i requested gratuity for 12 years to be paid to me or transfer of gratuity to be made to my present company but it was rejected by CRPF, finally I approached CRPF directorate New Delhi through CRPF Internet portal but I got the answer with following exact wording from CRPF that-( “payment of gratuity to a person retiring before 10 years of service is to be made but in the present case since you have merged with another department and not retired hence you are not eligible for Gratuity from this department”) Since i have resigned CRPF after 12 years, it is my humble request is to advise me whether I am eligible for gratuity, if I am eligible then what to do next

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Sudhir Kumar, Advocate (Expert) 10 September 2018
CRPF has to pay leave salary and pension contribution to the PSU so that your entire period will qualify for gratuity there.

Dr J C Vashista (Expert) 10 September 2018
You are entitled for gratuity, leave encashment and other benefits.
Consult and engage a local prudent lawyer for proper guidance and proceeding.
Why did you prefer to remain "anonymous" author knowing that such person is not obliged by experts as per rules of this platform?

Guest (Expert) 10 September 2018
Mr. Anonymous, whosoever you are,

Your query does not seem to pertain to some real problem. That gives a clear impression of making a hypothetical story.

First of all, there was no specific reason for you to remain anonymous, as yours is not a sensitive query that could render you any harm in employment, if query made openly in your name. Right for rightful claim can be exerted very openly. Sometimes that helps to open the eyes of the authorities concerned, if misinterpreting any rule of law.

Secondly, no Government department can be expected to use the word 'merger' for 'transfer' to other department/PSU

Thirdly, no Government department can equate a resignation as a retirement of employee.

Fourthly, no Government department is expected to give reply that goes against the provisions of the Payment of Gratuity Act.

I could give my observation on the reply of the CRPF and your entitlements, but not being sure about the truth of your story, I do not prefer to provide any solution to your problem with reference to the rules of law.

However, if there is even the slightest truth in your story, you may ask the CRPF to transfer your service particulars to your PSU authorities or else quote provisions of rules/law in support of their reply.

Adv.Ambrose Leo (Expert) 10 September 2018
You are entitled to Gratuity Under the Act, If are interested to claim gratuity under the act, better to contact a Labour & Employment and Service matter Professional Lawyer to protect your interest quickly.

Guest (Expert) 10 September 2018
He cannot claim gratuity right now. Simply his service particulars can be transferred to the PSU to enable him claim retirement benefits after his retirement, not before that. Let him try to waste his money and time by filing a case in the court have a taste of the result.

Adv.Ambrose Leo (Expert) 10 September 2018
We are interpreting the Act.Not the CRPF or PSU communications.

Guest (Expert) 10 September 2018
Dear Mr. Ambrose leo,

Interpretation of mere Acts, without the rules of execution is as good as reading between the lines. Acts provide broad fundamental guidelines about law, not detailed description for the rules of execution of its provisions. Any Act, if is supplemented by a set of rules made under that Act, has to be interpreted with specific reference to such rules of execution made by the government.

Acts come to the fore only if the rules of execution are violated by the authorities. Moreover, transfer from Government to Government or Government controlled organization does not make sense of breaking of service merely for the purpose of splitting up of the Gratuity time and again, as and when desired by the employee, if the employee goes on switching from one organization to the other under the Government. He has to finally retire or resign for the purpose of severance of the employer-employee relations with the Government.

A technical resignation is merely a formality for terminating the employee from the rolls of one organization to help continue his employment and to get benefit of his/her entire service with the Government/ Government controlled bodies, not final severance of relation from the Government on regular resignation.

So, the Gratuity Act cannot be invoked in between his spells of service rendered in the public interest, may be through an independent department or through some of Government controlled organization. If that be the position, sometimes that process may even go against the interest of the employee, if he fails to complete minimum qualifying service in that spell of service.

Adv.Ambrose Leo (Expert) 11 September 2018
The Enactment was necessiated because there was no control & liability of the Employer to pay gratuity.I Have graduity cases against the Central Govt.,in Mumbai,Nagpur decided in employee favour in spite of the Act,It is Known as payment of Gratuity Act., that means they have to pay Gratuity, for that the employee has to apply/claim for all employees Act is supreme remedy & The Controlling Authority step in only when there is a Claim/complaint.The recent Apex Court Land mark judgement will go longway in this regard.Try to help & assist the deprived in getting their due during the course of employment.

Eligibility for gratuity

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