Suneel Pepakayala (Manger HR) 09 May 2017
Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 09 May 2017
34 years is the completed period of service. It is correct. Gratuity is a collectable amount for an employee, paid as a gratitude by the organization. It is also known as the end of service benefits. An individual who has worked in an organization for a minimum period of 5 years is eligible for this benefit. Gratuity is calculated based on his/her average salary, dearness allowance and number of years he/she worked in the organization.
Kumar Doab (FIN) 09 May 2017
It is with limited understanding that:
The establsihment might have passed order to treat LOP as break in service.
You may go thru; Sec:2A of Payment of Gartuity Act,1972.
Kumar Doab (FIN) 09 May 2017
The approach of the company seems to be:
'That days of absence from work without pay are not included in computing the period of service. If one remained absent from work without pay, then, that duration will not be counted.'
Kumar Doab (FIN) 09 May 2017
The company must have supplied 'Notice of Determiantion of Gratuity' and order on sanction of leave.
Samarpan (M)99958670740 (Free legal advice and legal aid cell) 13 May 2017
As per Section 2 A, if the employer has not issued order treating the LOP as break in service, then the employee is entitled to 36 years instead of 34 years. Find out whether employer issued break in service order or not.
Kumar Doab (FIN) 09 June 2017
Check: If LOP is part of service rules, service conditions, leave policy, standing orders etrc etc and was duly approved (without any break in service)