Eligible for gratuity as per central govt. rules
ARTI GUPTA
(Querist) 05 February 2015
This query is : Resolved
IS A CENTRAL GOVT EMPLOYEE OF A REPUTED PRIVATE SCHOOL IN DELHI HAVING WORKED ON CENTRAL GOVT PAYSCALES TILL RETIREMENT WORKS FOR 10 YEARS MORE ON CONSOLIDATED BASIS AFTER RETIREMENT ELIGIBLE FOR GRATUITY AS PER CENTRAL GOVT. RULES.HE HAS A CLEAR EMPLOYER EMPLOYEE RELATIONSHIP,IS A MEMBER OF PF, IS IN RECEIPT OF SALARY SLIP, ELIGIBLE FOR DEDUCTION OF TAX,IS IN RECEIPT OF TDS CERTIFICATE,HAS PROPER APPOINTMENT LETTER,I CARD.
Kumar Doab
(Expert) 05 February 2015
The person worked in which establishment after retirement: Govt or private?
Was there a clear employer-employee relationship?
Or was the employee performing duties like employee?
Was any appointment letter,salary slip,PF/ESIC,I.Card etc provided?
Rajendra K Goyal
(Expert) 06 February 2015
State full facts. Looks academic query.
Guest
(Expert) 06 February 2015
Is it a piece of information for us or your question for solution of any real problem?
If question, elaborate what is your actual problem and how you are concerned with that.
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
A person employed on consolidated salary basis may not be considered at par with a regular or even a temporary employee. He may be termed as contract labor wherein the service condition/regulation/rules do not apply, there is no retirement as well, he will be simply terminated, if that is the case, he may not be eligible for gratuity, however, you may furnish more details so that a concrete opinion can be given.
Kumar Doab
(Expert) 06 February 2015
The contractual staff,daily rated workers,seasonal workers,piece rated employees....................are eligible for gratuity......
There are decisions holding consultants eligible for Gratuity.
If employer is tendering consolidated salary and the relationship is like that of Employer-Employee and/or person is rendering duties like that of employee..................employer may have to pay Gratuity @ consolidated salary as entire amount might be treated as Basic............and employer has to pay Gratuity from its own resources....................
The querist may post details.........
T. Kalaiselvan, Advocate
(Expert) 06 February 2015
As observed by expert Mr. Kumar Doab, on certain conditions where the fact of employer -employee relationship prevails or established, the grant of gratuity amount may be tenable. Let the author come out with details for further opinion.
ARTI GUPTA
(Querist) 11 February 2015
IS A CENTRAL GOVT EMPLOYEE OF A REPUTED PRIVATE SCHOOL IN DELHI HAVING WORKED ON CENTRAL GOVT PAYSCALES TILL RETIREMENT WORKS FOR 10 YEARS MORE ON CONSOLIDATED BASIS AFTER RETIREMENT ELIGIBLE FOR GRATUITY AS PER CENTRAL GOVT. RULES.HE HAS A CLEAR EMPLOYER EMPLOYEE RELATIONSHIP,IS A MEMBER OF PF, IS IN RECEIPT OF SALARY SLIP, ELIGIBLE FOR DEDUCTION OF TAX,IS IN RECEIPT OF TDS CERTIFICATE,HAS PROPER APPOINTMENT LETTER,I CARD.
Kumar Doab
(Expert) 12 February 2015
It is felt that employee can stake claim to Gratuity as many times........for payment of Gratuity as per applicable Gratuity Rules.....
The Gratuity Rules applicable to Private School should in accordance with Payment of Gratuity Act 1972.....and the limit of Tax Free Gratuity is amended to Rs.10 lacs.........and employer can pay above it after subjecting to tax treatment....
If the employee was teacher then teachers were entitled to payment of Gratuity with retrospective effect from 1997 and Sec:2(e) was inserted in the Act.......
YOu may approach local labor Law Consultant/Service matters lawyers with all docs on record in person....and proceed further under expert advise of your counsel....
