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AMENDMENTS TO THE PAYMENT OF GRATUITY ACT, 19722

AMENDMENTS TO THE PAYMENT OF GRATUITY ACT, 19722

The Payment of Gratuity (Amendment) Bill, 2009 as passed by both the Houses of Parliament has amended the definition of ‘employee’ contained in the Payment of Gratuity Act, 1972 for covering teachers in private institutions. For the information of the readers, it may be pointed out here that the Payment of Gratuity Act, 1972 has been amended five times so far. The amendments made are as given below:-

(i) The first amendment made by the Payment of Gratuity (Amendment) Act, 1984 inter alia provides for raising the wage limit for coverage from Rs.1000/- to Rs.1600/- per month and appointment of Inspectors. This amendment was brought into force w.e.f. 1.7.1984.

(ii) The second amendment made by the Payment of Gratuity (Second Amendment) Act, 1984 inter alia re-defined the term ‘continuous service’ and provided for grant of exemption to a class of employees from the operation of the Act. This amendment came into force from 18.5.1984.

(iii) The third amendment made by the Payment of Gratuity (Amendment) Act, 1987 inter alia provided for:-

(a) raising the wage limit for coverage from Rs.1,600/- to Rs.2,500/- per month, which was further raised to Rs.3,500/- p.m. w.e.f. 1.12.1992.

(b) replacing the ceiling of twenty month’s wages for payment of gratuity by a monetary ceiling of Rs.50,000/-

(c) making it obligatory for the employers to pay simple interest at a specified rate if the gratuity is not paid within 30 days from the date it falls due.

(d) Compulsory insurance/setting of gratuity fund for payment of gratuity.

The amendments at (a) to (c) above were brought into force w.e.f. 1.10.1987. The amendment at (d) has not been brought into force so far. In fact, this particular provision is being reviewed in view of certain subsequent developments. The rate of simple interest mentioned at (c) above has been fixed at 10% per annum w.e.f. 1.10.1987.

(iv) The fourth amendment made by the Payment of Gratuity (Amendment) Act, 1994 inter alia provided for:-

(a) Doing away with the wage ceiling altogether for coverage under the Payment of Gratuity Act, 1972;

(b) Enhancing the ceiling of the maximum amount of gratuity from Rs.50,000/- to Rs. one lakh. This amendment came into force w.e.f. 24.5.1994.

(v) The Fifth Amendment made by the Payment of Gratuity (Amendment) Act, 1998 has enhanced the ceiling on maximum amount of gratuity from Rs. one lakh to Rs.3.50 lakh with effect from 24.9.1997.

Background of the present amendments

Before the enactment of the Payment of Gratuity Act, 1972, there were two State Laws providing for payment of gratuity. These were the Kerala Industrial Employees ‘Payment of Gratuity Act, 1970 and the West Bengal Employees’ Payment of Gratuity Act, 1971. The question of having a Central Legislation on the subject was discussed in the Labour Ministers’ Conference held in New Delhi on 24 and 25 August, 1971 as also the Indian Labour Conference held on 22 and 23 October 1971 and general consensus was reached for enacting a Central Legislation on payment of gratuity. Accordingly, a Central Law modeled largely on the pattern of West Bengal Employees’ Payment of Gratuity Act, 1971 was enacted and is known as the Payment of Gratuity Act, 1972. It was brought into force with effect from the 16.9.1972 vide S.O. No.601 (E) dated 16.9.1972 and it extends to whole of India. The Act has been recently extended to the State of Sikkim w.e.f. 1.11.1995. The Act provides for payment of gratuity to employees employed in any factory, mine, oilfield, plantation, port, Railway Company and in any shop or establishment employing ten or more workers. It has also been extended to motor transport undertakings employing ten or more workers. Under the Act, gratuity is payable at the rate of fifteen days’ wages for every completed year of service or part thereof in excess of six months subject to a monetary ceiling of Rs.3.50 lakh. In case of employees’ employed in seasonal establishments, gratuity is payable at the rate of seven days’ wages. A worker is entitled to gratuity in the contingency of superannuation, retirement, resignation, death or disablement due to accident or disease, subject to completion of five years continuous service. The condition of five years is however, not applicable in case of death or disablement. Further, it does not make any discrimination between casual, contract, temporary and permanent worker who has completed the prescribed period of five years continuous service as defined in section 2A ofthe Act. The liability for payment of gratuity vests in the employer. Gratuity is payable in addition to pension or contributory provident fund, if any. The Payment of Gratuity Act, 1972 was made applicable to local bodies with effect from 8.1.1982. Therefore, the schools under the control of local bodies were covered under the Act with effect from 8.1.1982 itself. However, the employees of other educational institutions were facing denial of gratuity as they were not covered under the Act. The employees of the Government schools are already entitled to gratuity under the extant rules of the Government governing gratuity and pension but the employees of the private schools were having no legal entitlement to gratuity. As gratuity is an old age retiral social security benefit, it was considered desirable to extend the benefit of the Payment of Gratuity Act, 1972 to all employees employed in all educational institutions having ten or more persons. Accordingly, the Central Government extended the provisions of Payment of Gratuity Act, 1972 to the educational institutions employing 10 or more persons vide the Ministry of Labour and Employment Notification No. S.O. 1080 dated 3 April 1997. The Notification came into force w.e.f 19.4.1997, date when it was published in the Gazette of India. In an appeal filed before the Supreme Court in the case of Ahmedabad Private Primary Teachers' Association v. Administrative Officer and others, AIR 2004 SC 1426, the Apex Court in its judgment dated 13.1.2004 ruled that teachers are not entitled to gratuity under the payment of Gratuity Act, 1972 in view of the fact that teachers do not answer description of definition of “employee” under section 2 (e) of the Payment of Gratuity Act, 1972. The ruling also, inter alia, states that non-use of wide language similar to definition of “employee” as is contained in section 2(f) of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952 reinforces the conclusion that teachers are not covered in the definition. The observations of the Supreme Court are as follows:-

“Our conclusion should not be misunderstood that teachers although engaged in very noble profession of educating our young generation should not be given any gratuity benefit. There are already in several States separate statutes, rules and regulations granting gratuity benefits to teachers in educational institutions which are more or less beneficial than the gratuity benefits provided under the Act. It is for the Legislature to take cognizance of situation of such teachers in various establishments where gratuity benefits are not available and think of a separate legislation for them in this regard. That is the subject matter solely of the Legislature to consider and decide”.

Keeping in view the observations of the Supreme Court as mentioned above the definition of “employee” under section 2(e) in the existing Act has been proposed to be widened in keeping with the spirit of the Act. Existing Definition of “employee under Section 2 (e) of the Payment of Gratuity Act, 1972 Section 2 (e) : “employee” means any person (other than an apprentice) employed on wages in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi-skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, and whether or not such person is employed in a managerial or administrative capacity, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity. The amendment has retained the basic features of the definition of the term “employee” as given in the Payment of Gratuity Act, 1972, while widening its scope and adopted the definition of “employee” as follows:-

Amended Definition

Section 2(e) : “employee” means any persons (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity’.

The Government has made the amendment with retrospective effect from April 3, 1997.

The Government has also introduced Payment of Gratuity (Amendment) Bill, 2010 in Parliament seeking to raise the current gratuity ceiling from Rs. 3.5 lakh, in the light of the Sixth Pay Commission report that recommended raising it to Rs. 10 lakh. The Bill has been passed by both the Houses of Parliament recently. After having discussed the amendments introduced, let us briefly discuss the salient features of the Payment of Gratuity Act, 1972 so as to have an understanding of the basic provisions of the Act.

As mentioned earlier, the Payment of Gratuity Act, 1972 was enacted and brought into force from 16 September 1972. The Act provides for scheme for payment of gratuity to the employees employed in factories, mines, oilfields, plantations, ports, railway companies, shops and other establishments and matters connected therewith or incidental thereto.

Extent and Application

The Act extends to whole of India except plantations in the State of Jammu and Kashmir. It applies at present to:

(a) Every factory, mine, oilfield, plantation, port and railway company;

(b)Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State in which ten or more persons are employed or were employed, on any day of the preceding twelve months; and

(c) Such other establishments or class of establishments in which ten or more employees are employed, or were employed on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf. In exercise of these powers, the Central Government has so far extended the provisions of the Act to the various classes of establishments, where ten or more persons are employed or were employed on any day of the preceding twelve months as mentioned above.

Excluded Categories of Employees

The definition of employee in Section 2(e) specifically excludes from the purview of the Act, any person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity.

Eligibility Conditions

Gratuity is payable to every employee, other than an apprentice, in an establishment to which the provisions of the Act applies, on termination of his employment either due to superannuation or retirement or resignation, subject to completion of continuous service for not less than five years, Gratuity is also payable in case of termination of service due to death or disablement, due to accident or disease and there is no condition of service in these two contingencies.

Quantum of Gratuity

For every completed year of service or part thereof in excess of six months, the employees, other than the seasonal employees are entitled to gratuity at the rate of fifteen days’ wages based on the rate of wages last drawn. The employees of seasonal establishment who do not work throughout the year are entitled to gratuity at the rate of seven days’ wages for each season. These provisions do not, however, affect the right of an employee to receive better terms of gratuity under any award or agreement of contract with the employer.

Limit for Payment of Gratuity

The employers have to pay the gratuity within thirty days from the date it becomes due, if the gratuity is not paid within the prescribed time limit, the employer is required to pay the amount of gratuity with interest as specified by the Government from time to time.

Grant of Exemption

Section 5(1) of the Payment of Gratuity Act gives power to the appropriate Government to exempt any establishment, factory, mine, oilfield, plantation, port, railway company or shop from the operation of the provisions of this Act, if in the opinion of the appropriate Government, employees of such shop etc. are in receipt of gratuity or pensionary benefits not less favourable than the benefits conferred under this Act. There is a similar provision for grant of exemption to a class of employees in Section 5 (2) of the Act.

Administration of the Act

The Central Government is responsible for administration of the Act in relation to the following:-

(a) factories or establishments belonging to or under the control of the Central Government;

(b) establishments having branches in more than one State; and

(c) major ports, mine oilfields or railway companies.

The State Government is responsible for administration of the Act in all other cases. The Central Government have appointed Chief Labour Commissioner (Central) and Regional Labour Commissioner (Central) and Assistant Labour Commissioners (Central) as the Controlling/ Appellate Authorities under the Act for their respective areas.

Procedure for the Settlement of Dispute, Relating to Payment of Gratuity:

If there is any dispute about the amount of gratuity payable to an employee, the employee may make an application to the Controlling Authority of the area for taking necessary action. The Controlling Authority shall issue a certificate for the amount of gratuity dues to the Collector who shall recover the same as arrears of land revenue and pay the same to the person entitled to receive the gratuity. Any person aggrieved by the order passed by the Controlling Authority can prefer an appeal to the Appellate Authority.

Penalties for Non-Payment of Gratuity:

Where the offence relates to non-payment of gratuity payable under the Act, the employer shall be punishable with imprisonment for a term which shall not be less than three months but which may extend to one year or fine which shall not be less than 10 thousand rupees but extend to twenty thousand rupees or both.

Source: Student Company Secretary

Comments
 Ashish Gatate August 28, 2010
Dear Sir,

IS the Foreign company employing more than 10 indian nationals in india, can be treated as organization covered under Payment of Gratuity Act 1972?
Thanks In Advance.

Yours,
Ashish Gatate
 kavya September 12, 2010
i kavya retured from recoganzied public school on 31/08/2008 shuol i eligible for gruity after 29 year of jab
 shanti Sebastian December 5, 2010
Dear Sir,
I want to know the Celing amount of gratutity of west Bengal Government from 01.07.2010
 Yugandhar December 18, 2010
Payment of Gratuity act applicable to Educational Institutions as per amendment 1997 through a notification dated 03.04.1997, is it prospective effective or retrospective effective. Please clarify and please inform me the availability of copy of Gazette published in this regard.
 DARSHAN BHATIA May 17, 2012
"sir, my wife resigned from her job 9 months back after working in a pvt org for 8 yrs., they are refusing to pay her gratuity saying they dont have funds and also asked us to take legal course. what should i do and how much time does it take to get the money legally. also can i file a case of mental harassment on the employer."
 mahesh sharma June 5, 2011
Dear Sir,

I have dispute regarding the property with the company.My gratuity is not payed to me from 2007,on my complaint they deposited my gratuity in labour office before labour commissioner,they delayed the proceeding by 4 & haly years,inspite the advise given by HC that gratuity can not be stopped on there application,what to do,please help, i am getting pension of rs 1300 pm.from jaipur
pradeep thakur June 21, 2011
dear sir ,my father was a work for m/s titagarh jute factory mill no.- 2. my father was died in 1998 but til date company not pay the gratuity to my mother last twelve year. everytime say that your number has not come. jab apka number ayega to millega sir. pls. advice me to what can i do.
 S. Khanpara June 26, 2011
Payment of Gratuity act applicable to Educational Institutions as per amendment 1997 through a notification dated 03.04.1997, is it prospective effective or retrospective effective. Please clarify and please inform me the availability of copy of Gazette published in this regard. Are the teachers eligible for getting gratuity? Kindly reply.
 Karthikeyan S June 29, 2011
Dear Sir, is it the payment of gratutity(amendment)bill 2009 is approved by the president of india? should we apply only after that or even with the copy of the gazette can we apply nowitself? kidly clarify this.... thanking in advance for ur reply.
C.Rama Mohan  July 18, 2011
Sirs,I am very thankful for giving us full details about gratuity.I am a retired coop Bank employee of the Prakasam District Coop. Bank, Andhra Pradesh retired on 31-3-2007. Kindly inform whether I can claim for remaining gratuity now?
 Gayoorah August 18, 2011
i am an employee in Senior secondry school (self financing)last 16 years.
am i claimnt of this gratuity.
 S.M.SALIGRAM August 26, 2011
Dear Sir,

Good update with regard to Gratuity Act. I would like to know whether the “Controlling Authority” as specified in the Act can be approached for resolving dispute related to delayed settlement of gratuity by the establishment like nationalized general insurance companies who are falling under Central Gove Establishments.

Thanks,
Saligram
 Vikrant September 13, 2011
Dear sir! i have resigned from a school after working for 4years,11months & 15 days. Am i entitled for gratuity? if yes, please guide me how get that if school refuses to give. I will be greatful to you.
yours truly
vikrant
 Roxana October 17, 2011
We have paid gratuity to our Ex-Teacher as per the Amendment in the Act 1972 with retrospective effect on her retirement from 1.7.1997. She is now claiming interest from July 1997. Is the interest payable from the date of amendment in the act or from retrospective effect 1997.
 neha sharma October 19, 2011
I AM WORKING IN HOSPITAL AS CLERK ON CONTRACT MY CONTRACT IS RENEWED AFTER 1 YEAR I AM WORKING FROM 2007 ON CONTRACT BASIS IS I HAVE RIGHT TO HAVE GRATUITY ? PLZ REPLY ME TELL ME ANY ACT OF GRATUITY WHICH HELP ME
 C R Rajagopal October 23, 2011
Is Professors are eligible for gratuity? Is there any notification in this regard
 madhu November 20, 2011
I have worked as professor for 26 years in unaided recognised college by govt of india,am i eligible for gratuity benefits?
 Arun November 22, 2011
i worked in private college for 11 years as lecturer, college is not ready to pay gratuity. they are saying that they have passed a resolution that they are paying only only to those who retire from that college. is it right or i am eligible to get gratuity?
 raju soman November 22, 2011
we are a private unaided school in maharashtra. Are the employees i.e teaching and non-teaching staff entitled for gratuity as per gratuity act
 Sandhya December 11, 2011
Is there have any time timit for transferring the funds of gratuity.
 anup kumar misra December 14, 2011
dear sir/madam
i left cbse affiliated private school run under a registered society onb 30.6.2009 by giving a very short notice with oral consent of local manager. am i eligible for gratuity? i have sent a few registered letters to the school by registered post but not got any reply. pl. guide me.
thanks
 anup kumar misra December 14, 2011
dear sir/madam
i left cbse affiliated private school run under a registered society onb 30.6.2009 by giving a very short notice with oral consent of local manager. am i eligible for gratuity? i have sent a few registered letters to the school by registered post but not got any reply. pl. guide me.
thanks
 anup kumar misra December 14, 2011
dear sir/madam
i left cbse affiliated private school run under a registered society onb 30.6.2009 by giving a very short notice with oral consent of local manager. am i eligible for gratuity? i have sent a few registered letters to the school by registered post but not got any reply. pl. guide me.
thanks
 anup kumar misra December 14, 2011
dear sir/madam
i left cbse affiliated private school run under a registered society onb 30.6.2009 by giving a very short notice with oral consent of local manager. am i eligible for gratuity? i have sent a few registered letters to the school by registered post but not got any reply. pl. guide me.
thanks
 falguni January 31, 2012
I am working as a teacher in private school since 13 years. Am i entitiled for gratutiy? Is my organisation suppose to pay me gratutiy by law?
 raj March 2, 2012
Dear Sir,
I have worked under an ICSE/ISC school for more than 7 years. Till today they have not paid me the gratuity. Moreover they are not answering me when I send them request letters. Later, I found that in my name they have opened an a/c and signed from me some blank cheques. Now how can I move to get my gratuity. Plese guide me. Thanx
sanjay March 3, 2012
dear sir,i am working in an private unaided educational institution for last 23 years.Is that as per the ammendment on 3rd april 1997 payment of gratuity act is applicable for teachers in maharashtra.
 Dr.K.T.Naveen March 9, 2012
dear sir,i am working as vetirinary officer in karnataka state government farm where in labours have the work of cattle rearing and gracing.25 labour cases have been lodged against the farm claiming gratuity and minimum wages.eventhough the labours donot have any evidence that they have worked in the farm,the judgment is in their favour.plz plz tell me wether cattle gracing comes under the purview of gratuity payment act.and also plz tell me where to get the right information
 Raj Kumar Aggarwal March 18, 2012
I retired on 30th June-1997 from PSU. As per ammendment dated 3rd April-1997,there is inclusion of educational institutions under gratuity act with ceiling of Rs. 2.5 Lacs and actual amendment for enhancement was done on 24th Sep-1997 to Rs. 3,5 Lacs.My querry is that enhancement to Rs. 2.5 Lacs will applicable to me as there can not be two gratuity rates for two communities under the same gratuity act. Please respond on top priority.
 SRIKUMARCHATTERJEE May 28, 2012
RESPECTED SIR,
i am aretiredpersonnel of kalyani spinng mills govt of westbengal undertaking from 2009 may gratuty not paid to workers and staff can any body held gratuity for so long years let me know what is the problem of that company to pay this after retirement.
A M Garg June 18, 2012
calculation of payment of gratuity to a seasonal employee in sugar factory.Legal citation of rulings of Supreme Court may be given
ashok Gupta July 17, 2012
i working of partnership firm last 10 year & working of 8 person of the firm am i eligible for gratuity?
SATHISH BABU September 12, 2012
Dear sir, i am a co-operative employee in a primery co-op society for last 14years,now i got PSC appointment (by transfer) at District co-operative Bank, unfortunately our primary society have below ten employees,can you say about gratuity and any other benefit eligible to me.
Nahu August 2, 2012
WOW!!!! Bryce you have done an awesome job. I get asked eeryvday by my band members when the shirts are coming in. Thanks so much for the great job. I'll send a picture as soon possible (I have to get them embroidered).
sunil lalwani August 4, 2012
is an education institution backhand employee like "Accounts officer, computer operator, peon, administrative officer is eligible for gratuity. Also refer the act.
Raju August 4, 2012
Respected Sir,

Thanks for your updates given on Gratuity.

Kindly help me as I was working with the UK BPO operations and in the month of december 2011 my senior managers informed in the meeting that our process was going to be shutdown & due to parents health issue I have resigned in short term without serving the notice period. I had word with HR for buying the notice period, for which HR denied for the same.
After that they asked me to settle recovery amount dues and take releaving and experince letter.
Now they have recovered Rs. 33427/- amount against my gratuity and salary of the last month HR is telling they are not going to give the releaving and experience letter.

Please help me how can i get the experince letter?

Awaiting for your reply.

Thanks in Advance.
Regards,
DEBAPROSAD SEN August 23, 2012
worked in an educational institute from 1985 and Retired on 2011. What will be the gratuity of my entire service period. pl answer with valid documents
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
seshu August 26, 2012
i am a primary teacher in one of the indian schoools at muscat can u please tell me gratuity benefits and any other benefits if any. i ve been working there for d last 3 years
atul August 29, 2012
Dear Sir, If i am join the other company( competeter) then what will stop the my
gratuity of my present company? if they can stop my gratuity then what i do? Pls advice me.
a.prabhavathy September 17, 2012
after continuous service of 38 years in aprivate hr.sec. school at tamil nadu I had been paid only from 1997 to 2005.Am eligible for my rest of service 30 years? If so how to get it?
Jagadish Gupta September 22, 2012
Payment of Gratuity (Amend) Act 2009 is a great relief to the teachers.
Chitra October 18, 2012
I work for a Private Company for the past two years, where Gratuity is shown as part of CTC. Now that the Management wants to retrench some employees stating that they do not have any projects. Can I claim the Gratuity because it is the act of the management to retrench employees.
Raj October 27, 2012
Hi, we hv nine year experience pls confirm can we claim gratuity, bcoz our company are paying only upper level employees, and we are in executive rank.

Pls provide the claim agencies which can be fight with them.

Regards / Raj
Sivanath November 6, 2012
i worked in private college for 11 years as lecturer now i resigned from the college because of no admissions in my course, college is not ready to pay gratuity. am i eligible to get gratuity?
if college is rejected to pay gratuity what to do ?
govinda Reddy November 8, 2012
Hi required a Notification of S.O.1080 dated 3/4/97 on Payment of gratuity act, 2009
RATHINDRA KUMAR November 16, 2012
I WANTED TO KNOW WEATHER APARTMENT WONER ASSOCATION ARE COVERED IN GRATUITY ACT
mohd javeed November 19, 2012
I WANT TO KNOW WEATHER CASUAL PERIOD SHOULD TAKE FOR GRATUITY AND I EMPLOYE IS RETIRING ON 30TH JUNE WEATHER WE HAVE TO TAKE ONE YEAR FULL GRATUITY OR NOT
Mr. J.M. Bagga November 23, 2012
I have rendered a countinous service of 38 yrs. since 1975 in the basic pay of Rs. 24400 DA 72% i.e, 17568 rs. What will be my gratuity. Is there any upper limit to calculate the gratuity as per central govt. is 33 yrs of service.
sathyanarayanan December 13, 2012
I have joined in a pvt ltd co as an Admn Asst during the year 1984. Though I have been continuously working in the same co, they made me permanent employee only in the year 1990. I would be attaining the age of superannuation by April 2012. Whether I am entitled for Gratuity benefits from the year of joining or from the year of my permanent status. Kindly clarify.
M.A.A.Shaikh December 13, 2012
I was working with Multinational CO. in Pakistan, as a post of Manager for 13 yrs, as now my job is finished, my company is not paying my dues ( Gratuity)and not issuing my service certificate. what should i do now?
O.P.SHARMA December 17, 2012
Company divided into two groups A & B. joint management issued circular prior to division that staff may join either group and gratuity will be paid by the group in which staff joints. unfortunately group be fails and stopped running business. Whether Group A which is running its business and the staff werved that group 30years is entitled to pay the gratuity?- thanks, O.P. Sharma
ganesanmeganathan December 19, 2012
sir my mother worked as a craft teacher in kollumedu villivakkam panchayat school upto 1978 oct 13 ..she expired .till we the heirs trying to get her death benefits but cant can any one guide us to get the benefits...
surendra yadav December 24, 2012
Dear sir, I am going to leave by job from my current employer after serving for 4years and 8months. Am I eligible to get my Meturity now, As I heard that minimum tenure of work has been revised earlier.
Dr. Nagendra. K. S. December 26, 2012
Please clarify weather I am eligible for claiming gratuity as per the recently amended act of 1972.Are the teachers eligible for gratuity since I am working as a professor in a private unaided engneering college in karnataka since almost 30 years. Kindly clarify with the sub-section of the amended act.
Daivesh Deodhar December 27, 2012
I was working with a Public Limited company and left the same after 7 years & nine months. Our management is not ready to pay the Gratuity, saying they do not have sufficient funds, kindly guide me how to proceed.
Dr V K Gupta December 31, 2012
I retired from SAIL and joined Indian Institute of Mines, Dhanbad as Tata Steel Chair Professor on contractual basis. After 4 years of service my contract expired. I am entitled to payment for a maximum of 50 days earn leave ( basic salary+DA)as per Swami's book. But unable to fnd any rule about Gratuity Payment. I had received only 8,10,000 rupees as gratuity from SAIL. I should therefore be eligible for additional 1,90,000 rupees as gratuity for the 4 years of service rendered. Please help with the rules in this regard.
vinaya gks January 4, 2013
I am working nursing college my After 4 years of service my . I am entitled to payment for a maximum of 50 days earn leave ( basic salary+DA)as per ksr rules. But unable to fnd any rule about Gratuity Payment. gratuity I should therefore be eligible for Please help with the rules in this regard.
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G.V.MURALI January 10, 2013
I HAVE RETIRED AS ASST.MANAGER FROM HINDUSTAN ANTIBIOTICS LTD.(HYDERABAD BRANCH) ON SUPERANUATION ON 30.09.2012 [DATE OF JOINING JUNE'1983]. TILL DATE THEY HAVE NOT SETTLED MY GRATUITY DUES, GIVING REASONS AS INSUFFICIENT FUNDS WITH COMPANY-PLEASE HELP ME IN THIS REGARD
Karthik January 17, 2013
Dear sir! I have resigned from DRDO after working for 9 years and joined in software industry recently. I have not received any gratuity. Am i entitled for gratuity? what is the central Govt rule for the gratuity of the resignation case.
M. Sreeramulu January 31, 2013
Sir,
I am working as Librarian in private engineering college. Am I eligible for gratuity after my retirement
Raju February 2, 2013
Sir
I resigned from Govt Job. Iam worked in KPTCL from 2001 to june 2010. Can i get gratuity from KPTCL(Karnataka Power Transmission Corporation Ltd)
s.jairaj February 2, 2013
I am working as area manager my co in threatening of termination will i get my gratuity
Bharat Bakhru February 7, 2013
I have left my company on short notice, am i eligable for Gratuity, kindly advice
Bharat Bakhru February 7, 2013
I have left my company on short notice, am i eligable for Gratuity, kindly advice
Sanjiwan Dhote February 8, 2013
Sir, I have joined the organization on 4 Feb 2008 and my last working day was on 30 Nov 2012 (4 years, 9 months, 26 days) with 3 months notice period , am I eligible for gratuity. Please suggest
Thank You in Advance...
Atish mane February 10, 2013
I would like to know that
according to govt.rules upto 2013 how much gratuity is mention for industrial pvt.ltd. firm\'s for one year for a employe and i would like to know what will be the retairment age too by according to govt.rules for pvt. ltd. firm\'s
Rekha February 11, 2013
Dear Sir,
I worked in a private self financed engineering college for about 11 years and resigned two months ago. My employer says that engineering college teachers who have resigned from the job are not entitled for gratuity.... i am told that an supreme court order says so, kindly let me is that so and am i eligible for gratuity or not?
Rathin Nath February 18, 2013
With due respect it is intimated that my father-in-law Shri Ashutosh Banerjee retired from Hooghly Gondalpara Jute Mill on April 2006. But he did not get the Gratuity amount till date.Several correspondence have been made with Ministry of Labour and Labour Officer but no fruitful result has been received. Please help to release the gratuity amount as early as the individual's financial condition is acute.
Uttara Khedekar March 5, 2013
My Mother was working with a unaided/ungranted school for 20 years is she liable for gratuity
Sudhir March 17, 2013
Dear Sir,

I work in a private sector company and have recently resigned. By the time I get relieved out of my position, I would have served a total of 4 year & 9 months. Am i eligible for gratuity? Kindly let me know.

Thanks in advance,
Sudhir
raj March 29, 2013
Is there any G.O that payment of gratuity to teachers compulsory by all private cbse schools
K.VISWANATHA REDDY April 1, 2013
one contract workmen joining on 01.06.2007 and his date of birth on 12.07.1977 and date of leaving on 24.03.2012 but his eligble gratutiy or not . please clarify sir.
pratima April 2, 2013
Can an employee who has resigned after serving for 4 years and 10 months be paid gratuity. can the Company deny the employee the payment
Tumisang Moyo April 5, 2013
I joined the Zimbabwe Republic Police during the year 1996 and later retired amicably during the year 2007 . I habe not yet rrceived my gratuity and money for my leave days . I have consulted the police and they maintain that they are not payimg because the Zim dollar had no value then . Which channels can i use to recover my benefits . Pls help
arunsharma April 5, 2013
there should be aquqry box in which you can find your answer
PARASHURAM KURIYAVAR April 8, 2013
My mother & sisters have worked in spinning mill Ltd., on "Daily Wages". They workded more than ten years continuously and the PF has also been deducted from the wages. So,can they get gratuity as per Govt rules?
kristappa k April 11, 2013
sir I have completed 11 years of in the Government of Karnataka with the basic salary of Rs.27000/and let me know how much I would get the gratuity pension and other benefits thanking you sir kristappa
KANAKASANKAR RAO April 21, 2013
It is very useful
SHEELA April 22, 2013
SIR, I HAVE COMPLETED 15 YEARS IN THE KAMAK MATRICULATION SCHOOL TUTICORIN OF TAMIL NADU WITH THE BASIC SALARY OF 12000/- AND LET ME KNOW HOW MUCH I WOULD GET THE GRATUITY ?.
ANIL April 26, 2013
My wife retired from a private public school after serving for 33 years. Is she entitled for Gratuity for her entire service or service rendered after 03.04.1997
Ankur sharma April 26, 2013
Dear sir,
kindly tell me after the retirement of an employee after 5 years, is he will get the gratuity amount of 15 days for every year or only 15 days wages of the last year only?
Ankur sharma April 26, 2013
What is the category for the elegibility in terms of wage for getting the gratuity/what is the min salary required for getting gratuity?
Tax Planning April 26, 2013
I want to know the Celing amount of gratutity of Rajasthan Government from 01.07.2010
SAMARESH CHANDRA April 29, 2013
I have retired in December, 2012 from an autonomous University run by an Act of West Bengal Legislature after working for 10 yrs 9 months continuously on consolidated pay. Am I eligible to get gratuity amount and to what extent ? Whom shall I contact if not paid by the said institution ?
M.S.Venkatesan May 8, 2013
I have worked around 9 years in one of the manufacturing company and I have resigned from that organisation. For that period management has not provided gratuity. I have filed case and received an order in my favour. Labour authority also send a letter to collector for collecting money thro' revenue recovery act. This process going for the past 4 years. But till now I have not received any amount thro' revenue recovery. In this situation what I have to do. Pl. guide me in correct way.
Deepa May 9, 2013
I have been working in an public sector undertaking from the last 15 years but on contractual basis. i get my salary from a contractor. Now i want to leave the job, please let me know, whether my gratuity will be applicable in my case and how much.
varinder sharma May 14, 2013
i am resigned from the ltd. co. last 5 months.but till date co. not clear the full & final payment. pls suggest what i can do.
T.BALAKRISHNAN May 31, 2013
Are Central Public Sector Enterprises employees covered by the Payment of Gratuity Act?
upendra chaudhury June 9, 2013
Sir,Iam working in a unadded school in west bengal as a teacher since 15 years.plz guide me how can I apply for gratuity?
JAYAKUMAR June 15, 2013
I worked in an automobile dealer in bangalore and left the job after completing 6 yrs of confirmed service in 2009. The company relieved me, but did not settle me any gratuity. After 6 months when I went there I was found that the company was permanantly closed. Kindly advise that to whom should I conduct to get the gratuity.
V N Kaul June 16, 2013
Is it mandatory for companies to pay gratuaity for full service with amount not excedding 10 Lacs or if companies are obliged to pay maxiumu of 3.5 Lacs only as per previous Gratuity rules.
V N Kaul June 16, 2013
Is it mandatory for companies to pay gratuaity for full service with amount not excedding 10 Lacs or if companies are obliged to pay maxiumu of 3.5 Lacs only as per previous Gratuity rules.
V N Kaul June 16, 2013
Is it mandatory for companies to pay gratuaity for full service with amount not excedding 10 Lacs or if companies are obliged to pay maxiumu of 3.5 Lacs only as per previous Gratuity rules.
ARVIND N RATHOD June 27, 2013
if a emp has worked upto 60 yrs,HIS BEEN PAID HIS GRATUITY AS PER LAW & HE STILL CONTINUOUS TO FOR FURTHER 7 YRS IS HE ELIGIABLE FOR GRATUITY
ARVIND N RATHOD June 27, 2013
if a emp has worked upto 60 yrs,HIS BEEN PAID HIS GRATUITY AS PER LAW & HE STILL CONTINUOUS TO FOR FURTHER 7 YRS IS HE ELIGIABLE FOR GRATUITY
ARVIND N RATHOD June 27, 2013
if a emp has worked upto 60 yrs,HIS BEEN PAID HIS GRATUITY AS PER LAW & HE STILL CONTINUOUS TO FOR FURTHER 7 YRS IS HE ELIGIABLE FOR GRATUITY
ARVIND N RATHOD June 27, 2013
if a emp has worked upto 60 yrs,HIS BEEN PAID HIS GRATUITY AS PER LAW & HE STILL CONTINUOUS TO FOR FURTHER 7 YRS IS HE ELIGIABLE FOR GRATUITY
joseph mk June 29, 2013
After serving in a psu under DHI for continuous 6 years on contract basis i was brought into regular service of this psu in 1990. for calculation of gratuity, this psu is not counting my contract period of 6 years saying that as per the gratuity scheme of this psu contract/casual employees are not entitled for gratuity benefits. is there separate gratuity scheme for individual psus or are all psus in india are governed by the payment of gratuity scheme 1972 and its subsequent amendments.
anuroopa choughule August 27, 2013
iam honarary secretary of a school which is gettig 50 % government grant our school is low budget school how we are compelled to give gratity payments to teacher
K.Patnaik September 6, 2013
Dear sir, I have retired from a government college as lecturer under state univ. (kolhan univ. Jharkhand ) on april 2012 with a Basic Pay- Rs.37200 & D.A.-Rs.20600. I am getting my pension but I have not received my full gratuity . Kindly let me know the amount of gratuity I am eligible.
SV Deshpande October 30, 2013
This amendment of 2009 is effective from 1/4/1997 of date of appointment of the teachers in educational institutions...pl clarify.
Raju August 28, 2014
sir I am Working as lecture in private engineering college .I have completed 6 year services.Now College managemnt tell me to resign from your job. I want tell us about my gratuity But They tell me that They can not pay any type of gratuity to any lecture .Please tell me the procedure to get the gratuity from the college or any legal rule which provide me that the Gratuity is legal for me.Send complete documentation for getting gratuity on my mail address as soon as possible
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