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Can any body help me in the case of gratuity-if i have worked for 28 years in Govt job,but due to the lower court decision my servic got terminated,but i appealed the same in the High court where it is under proceedings againt the lower court decisions,can i could get my Gratuity for my 28 years services.
From India, Ranchi
I have a question.
If anybody retire on due date but not completed 5 years of service due to late joining whether he will be eligible for gratuity or not ?
I do remember there was one judgment on this issue and SC awarded favorable decision.
Members are requested to focus and pl share a copy / reference of such decision.

From India, Pune
There is no reason to wait for amendment in the Act to change the eligibility for the Gratuity , as per my view. This may invite the litigation in future.
From India, Pune
I am retired Bank Officer and retired on 31,10.2016. My queries are as under:
1, As per our Officers Service rules the payment of Gratuity is:
- Bank's scheme of Gratuity One month's PAY for every completed year of service, subject to a maximum of 15 months pay shall be the Gratuity payable as per the Bank's Scheme of Gratuity.
Where an Officer has completed more than 30 years of Service, he shall be eligible by way of Gratuity for an additional amount at the rate of 1/2 month's pay for each completed year of service beyond 30 years.
PAY for the purpose of Gratuity as per OSR'79 shall include: A. Basic Pay B. Permanent Special Allowance, if any
C. Personal Allowance, if any
DEARNESS ALLOWANCE shall not, however be included.
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Statutory Gratuity:
(Gratuity payable as per "The Payment of Gratuity Act, 1972")
FOR every completed year of service or part thereof in excess of six months, the employer shall pay GRATUITY to the employee at the rate of 15 days wages on the basis that a worker earns a month's wage for attending to work on 26 working days, as per the Act; Wages X 15/26 X number of years of service The ceiling on the maximum amount of Gratuity is fixed at Rs.10.00 lakhs. Wages as per Act means and includes the following:
A. BASIC PAY B. DEARNESS ALLOWANCE
C. SPECIAL ALLOWANCE, if any D. PQP/FPP etc.,
E. PERSONAL ALLOWANCE, if any
CCA & Adjusting Allowance shall not, however, be included
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Bank has neither followed our Gratuty Act 1972 as they excluded Spl. Pay from total salary which is part of pay since 2012 & Da is paid there upon. I had come to know that Supreme court has given some ruling cleared by FM & sent to IBA for comments, pending with them. Please advise further course of action.

From India, Gurgaon

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