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Gratutity

(Querist) 15 August 2012 This query is : Resolved 
Dear Sir,
An employee serves 2 years as temporary staff and get confirmed.he works for further 10 years and retired. Whether he is eligible for gratuity of 10 years or 12 years??

Kindly suggest.
V R SHROFF (Expert) 15 August 2012
10 years gratuity [ as no PF 2 yrs]
Guest (Expert) 15 August 2012
12 years, if service is continuous.
prabhakar singh (Expert) 15 August 2012
yes 12 years where service was without any break,no matter 2 years were temporary.
Isaac Gabriel (Expert) 16 August 2012
It is presumed he was appointed as temporary and subsequently confirmed,whereby,his service is continuous from the date of joining.As per section 2A of the payment of gratuity act,his service from the date of joining to relief is taken for the purpose of gratuity.Temporary,casual,non-peramanent,daily wages,do not make any difference for the purpose of gratuity.


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