Gratuity

Dear friends,

Can any one please guide me in this issue?

In a private limited company an employee appointed as assistant manager for a monthly salary. After two years he was made as a Director of the company which was duly amended with the ROC vide Form 32. Since then he was being paid for director fees on consultation basis and a consolidated was being paid monthly. The TDS deducted from the fees was remitted to income tax office u/s 194j and the Form 16a also was duly issued to the director.

When he was retired from the compnay on account of his old age he was only a consultant designated as Director and fees paid to him was 45000 pm.

After his retirement he claims gratuity from the company for his entire period os service of ten years. And he approached Labour Commissioner for settlement.

My queries are:

1. Whether he is eligible for gratuity?
2. Is he a workman under ID Act to claim gratuity through Labour Commissioner?
3. Can a non-workman claim gratuity through Labour Commissioner?

Please clarify the above ASAP.

MARIMUTHU.P

Advocate