Gratuity and Arrears
Sudhir Prajapati
(Querist) 04 January 2010
This query is : Resolved
Respected Sir,
I have worked for a company which is 100% owned by Government of Gujarat active in Financial services. Total i have worked for seven years in this company in differenct capacity as under from 06/01/2000 to 05/01/2007.
1- On contract basis for first six months and for next three times this contract has been renewed for further six months. So total two years on contract basis. Four contract for six months each. Each contract was for Officer cader.
2- After theses, I was made Dy. Manager and an appointment was made with condition that for first two years i will be on probation. After successful completion of my probation of two years i was absorebd in company as permanent employee in April-2004.
3- On 05/01/2007 i resigned from company to Join Dena Bank as Marketing Manager.
My company saying i am not eligible for gratuity as i have completed only three years in permanent capacity. While recently Supreme court has given judgement wherein even contract period is also included for giving benefit of gratuity.
Meanwhile, government recently gave 5th and 6th pay commission award to my company and for both the award the effective date was from restrospctive and on both the dates i was working as Dy. Manager. However, company has deny me arrears on ground that i was not on payroll of company while awards were given and as such i have resigned on my own for better prospectus of my career so i am not eligible for this.
Please give clarification on both the issue. If any one need more details please contact on 09427608333.
Thanking you
From
Sudhir Prajapati
Ajay Bansal
(Expert) 04 January 2010
As per view you are not entiteled for gratuity.
Raj Kumar Makkad
(Expert) 04 January 2010
I am of the firm opinion that you are entitled for the grant of gratuity in view of SC judgment wherein the contract period id also included while computing the gratuity. Various citations are available on this point.
You are also duly entitled to get the arrars arising out of 6th pay commission recommendations which has been got applicable with retrospective effect.
You should serve a legal notice to the company and on failure to get the desired results move to local civil court or High Court in a writ petition.
