Is age criteria for eligibility for payment of gratuity
Suresh Govind Bhagat
(Querist) 15 December 2015
This query is : Resolved
Dear Sir,
Iam retired employee of PSU. After retirement one Engg College appointed me on yearly contract as a Finance & Administrative Office for 5 years and one months. Due to college politics and change in Exe Body. The Principal has terminated me by giving one month salary. Since I have served there 5 year and one month. as per Payment of Gratuity Act I felt that I am entitled for gratuity. But they have refused me for payment of gratuity and giving the reason that the gratuity is getting once in life time. Since you have already obtained gratuity from PSU -Earlier Employer, and served our college after attaining 58 years that's why you are not entitled for gratuity from the college. Kindly opined that is there any age criteria for gratuity payment. Though Now I am of 65 years but after retirement I have served in the college continuously for five years and one month.College have appointed me on yearly contract basis without giving me any break in service. Your valuable advise is requested in the matter please.Thanking you and awaiting for early reply in this regard.
U R Sincerely
Suresh G Bhagat.
Kumar Doab
(Expert) 15 December 2015
The understanding is that the private colleges have been less than willing to pay gratuity....................as per various threads at LCI alone.
The Payment of Gratuity Act puts limit on tax free amount of Rs.10Lacs, beyond which employer can subject to tax treatment.
Thee employee can claim gratuity from as many employers served by employee.
You may submit FormI under proper acknowledgment, mentioning that you have not been supplied with mandatory 'Notice of Determination of Gratuity' and payment of Gratuity, despite many representations in office on dated......... /dated...........to Mr/Ms................
Let employer reply whatever it wants.
YOu may consult an able counsel with all docs on record.
Rajendra K Goyal
(Expert) 15 December 2015
Agree with the expert Kumar Doab.
The tax exempted limit increased to 10 lacs was from 24.05.2010 and before it was 3.5 lacs.
