Gratuity
raghavendra
(Querist) 21 November 2011
This query is : Resolved
sir,
since last 2 years gratuity application is pending before controlling authority, management only taking adjournment ,
in that gratuity application i claimed gratuity should calculate on my last drawn consolidated salary for that i have submitted my last drawn salary certificates ,
Management is ready gratuity on basic and DA amount , but i was received consolidated amount only ,
i was not provided ESI, PF , HRA , and all , know for gratuity purpose management calculated basic and DA ,
how much i am entitle now
Shailesh Kumar Shah
(Expert) 21 November 2011
In calculation of salary would be included all emoluments which are earned by you in the terms and conditions of your employment and also includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
Rajeev Kumar
(Expert) 21 November 2011
Yes i do agree with mr. shah
raghavendra
(Querist) 21 November 2011
Now question is , here company not paid HRA ,BONUS,incentives , dearness allowances ,only paid lump sum remuneration . hence i claimed gratuity on consolidated amount , i am right?
raghavendra
(Querist) 21 November 2011
now as per the Act management is segregating salary for getting benefit , management only misusing the provisions of minimum wages act .
Raj Kumar Makkad
(Expert) 21 November 2011
Management is not empowered at this stage to segregate wages paid to you during whole of your service tenure. Your claim is legal one.
raghavendra
(Querist) 21 November 2011
thats what management doing now, now case in in management evidence stage yesterday they bought lots of documents , which shows DA OT , HRA all , which is not signed by the employees , for this documents signature of employees are required ?
i strongly objected to mark those documents , all are fake ,
now to do
Kamal Prasoon Sinha
(Expert) 24 November 2011
I agree with Mr Makkad, Employer has to pay gratuity on the last consolidated wages paid to you as they can not segregate the wages at this stage.
Regards,
Kamal Prasoon
M V Gupta
(Expert) 24 November 2011
"wages" is defined in Sec. 2(s) of the Payment of Gratuity Act, 1972 to mean all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employemnt..... and includes dearness allowance but does not include any bonus, commission, hra, over time wages and any other allowance. If your letter of appointment does not indicate sepaerately the allownaces and only states that states that you would be paid a consolidated pay wihout specifying any thing as allowances, they cannot at the time of payment of gratuity break up the amount into different allowances for the purpose of calculating the Gratuity amount. However if your salary slips showed any such break up and you did not raise any objection then it is possible for the Management to contend that you are notifed of the allownaces that comprised in the consolidated amount of salary indicated in your appointment order.
RK Agrawal
(Expert) 25 November 2011
i agree with Sri MV Gupta
Guest
(Expert) 25 November 2011
There are two basic questions which need replied by you:
1) Whether terms and conditions included in your appointment letter contained different elements of the package or only consolidated salary was shown there?
2) If not, when the management decided to break and segregate your consolidated salary in to different elements, whether before or after leaving your service?
If your salary was broken in to different elements before your exist from service, the management would be right to allow you gratuity on basic pay and dearness allowance.
But, if the management has tried to break the consolidated salary in to different elements only after your exit, your claim would be genuine as the salary drawn by you would be the basic salary for the purpose of gratuity.
K.S.Srinivas
(Expert) 28 November 2011
I agree with the expert Dhingra.
