Payment of gratuity act 1972
Tapan Kumar Dhar
(Querist) 19 August 2012
This query is : Resolved
"wages" means all emoluments which are earned by an employee while on duty or on leave in accordance with the terms and conditions of his employment and which are paid or are payable to him in cash and includes dearness allowance but does not include any bonus, commission, house rent allowance, overtime wages and any other allowance.
An employee is retiring on 30th June'12.
He has not worked for the last few months(he was without pay) because of his illness, but he is still on the Roll of the company at the time of retirement.
My query:Which Basic & DA will be considered for the purpose of computation of his gratuity?
Is it Basic & DA of 30th June'12 or the Basic & DA last drawn by him when he was on duty & paid for?
Kirti Kar Tripathi
(Expert) 19 August 2012
The basic pay and D.A to which he was entitled on the date of retirement/termination irrespective of the fact whether was on duty or not
