I have two questions:
1. Suppose one employee joined a company on 01.01.2011 as regular employee and he died on 03.01.2011 then whether will he be aligible for Gratuity? If he is eligible then what will be his gratuity amount and how to calculate Gratuity amount in this type of case?
2. whether an employee due to an on duty accident got Permanently Total Disabled and will never be able to work again, be eligible to get Gratuity even if has not completed 5 years of continous service? If yes then what will be the procedure for calculation of Gratuity?
Please reply with Section and case reference (if any) for both the cases.
Jawed Alam

From India, Dhanbad
The same matter has been discussed earlier also. That in case of death and total disability, the employee should be paid gratuity at the same rate of 15 days salary for the completed years of service and for that completion of five years of service is not required. Here, the matter is that the deceased has not even out in one year of service. Had he completed at least six months of service the dependents or the employee totally disabled should have got 15 days salary calculated at the rate of one year of service. Since there seems to be no court ruling in support, we have to rely on principles of natural justice and pay the same amount for less than six months also.

For getting gratuity the disablement need not be while on duty. If the accident had taken place while on duty, he will be eligible for compensation as per Employees Compensation Act and that is not based on service but it is based on some factors which will vary according to age of the employee and his last drawn salary.



From India, Kannur
Dear Madhu T.K
Thanks for reply....
These two question were asked to me in an interview and I replied in same line with you but they were not satisfied with my answer and were asking for any Section where these things have been mentioned in Payment of Gratuity Act or any case reference..
Any answer with section or case references..??

From India, Dhanbad
i am still not clear...please explain me again if employee dies and not completed 5 years of service then also he is eligible for gratuity??
From India, Ahmadabad
In death cases, completion of five years of service is not required. That means the dependents of the deceased employee can get gratuity even if the employee had not put in five years of service.

From India, Kannur
Dear sir, My brother was expired in the factory premises in the accident the factory pay the compensation I want go for apply for the gratuity
From India, Pune

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