Payment of gratuity act
Nitin
(Querist) 29 December 2013
This query is : Resolved
If any employee has already received Gratuity amount as per the MP CCS Pension rules 1976 (Adopted by the department) whether such employee is also eligible for getting the difference of gratuity under the Payment of Gratuity Act 1972.
V.T.Venkataram
(Expert) 30 December 2013
I concur with Expert Mr.Kumar Doab
krishna mohan
(Expert) 30 December 2013
Normally not as any Govt. dept. follows a different pattern of gratuity scheme. Payment of Gratuity Act 1972 governs industrial establishments other than Govt. departments. You may check with your employer which act governed your service to proceed further as per your entitlement.
Rajendra K Goyal
(Expert) 30 December 2013
Depends upon the service rules. In general you can claim.
P. Venu
(Expert) 30 December 2013
Prima facie, you were a public servant and received gratuity under a Service Rule notified under Article 309. If so, provisions of Payment of Gratuity Act are of no application.
Kumar Doab
(Expert) 30 December 2013
>> Pls refer to:
D.P. Kansal Vs. Delhi Jal Board
http://delhidistrictcourts.nic.in/Aug07/D.P.%20Kansal%20Vs.%20Delhi%20Jal%20Board.pdf
IN THE HIGH COURT OF DELHI AT NEW DELHI
SUBJECT : PAYMENT OF GRATUITY ACT, 1972
Writ Petition (C) Nos.17888, 17894, 17895, 17899,
17914, 20493, 20546 and 20562 of 2005
Reserved on : 12.07.2007
Date of decision : 21.08.2007
“The present petitions aredirected against the impugned order dated 21st March, 2005 passed by the Appellate Authority under the Payment of Gratuity Act, 1972 (hereinafter referred to as 'the Gratuity Act') dismissing the
appeals of the petitioners and upholding the order dated 8th January, 2004 passed by the Controlling Authority rejecting the claim of the petitioners for payment of gratuity under the Gratuity Act on the ground that they were covered under the CCS (Pension) Rules 1972 (hereinafter referred to as 'the Rules'). The petitioners have sought a writ of mandamus to be issued to the respondent directing it to pay to the petitioners, the differential amount payable under the provisions of the Act, after deducting the amount of gratuity already paid underthe Rules, along with interest.”
34. Coming next to the claim of the petitioners in WP(C) Nos.17894, 17899, 20493, 20546 & 20562/2005, who retired in the years 2001-2002, after the amendment of Section 4 (3) of the Gratuity Act, they shall be entitled to receive the
differential amount within the prescribed limit of Rupees Three Lakhs Fifty Thousand under the Gratuity Act, after deducting the amount of gratuity already received by them under the CCS (Pension) Rules.
35. For the reasons stated above, only the petitioners in WP(C) Nos.17894, 17899, 20493, 20546 & 20562/2005 succeed. The impugned orders 21st March, 2005 and 8th January, 2004, passed by the Appellate Authority as also the Controlling Authority qua the said petitioners are set aside. The respondent is directed to calculate the gratuity payable to the aforesaid petitioners under the Payment of Gratuity Act, and release to them the differential amount with interest, after deducting the amount already paid to them under the CCS (Pension) Rules within a period of four weeks. In so far as payment of interest is concerned, taking into consideration the fact that the petitioners approached the +Controlling Authority by preferring applications for payment of gratuity under the Gratuity Act during the period between July 2002 to April 2003, they shall be entitled to receive interest payable @ 9% p.a. on the differential amount only with effect from the date of preferring their respective claims before the Controlling Authority. While releasing
the payment, the respondent shall also forward a detailed statement of computation to each of the aforesaid five petitioners.
>> If your situation is same you may succeed.
Dr J C Vashista
(Expert) 31 December 2013
Very well eplained by Sh. Kumar Doab.
T. Kalaiselvan, Advocate
(Expert) 30 December 2013
