Partner - Risk Management
Service At Top Level Management
I do not see any relevance of the case with your present problem. Your problem is whether you should get 15 days or 30 days per year worked and whether you should get 18 years or 15 years credit (I do not know why its 15 years). The case you have stated is only concerned with whether concerned person was or was not employed with the company.
So what is the problem actually ?
And where did you get the idea that you can get gratuity of 30 days per year worked.
5th August 2014 From India, Mumbai
Here in the instant case, you have completed 18 years of service. Keeping in mind the provisions of the Act, you are eleigible for Gratuity for 18 years of service based on the following formule:
Salaryx15 daysx 18 years of completed year of service/26
Salary= Basic Salary plus D.A.
Since you have been terminated, you are aligible for notice salary as per terms of service. If nothing is mentioned in the appointment letter, you are eligible for 1 month salary for notice period.
19th August 2014 From India, Erode
The Gratuity eligibility is (Basic+DA)*15/26 * no of years of completed service, subject to a maximum limit of Rs. 10,00,000/- or actual which ever is lower.
The only thing that may differ is the no of years. If you have completed 18 Years and 6 months than it would be calculated as 19 years otherwise 18 years.
Rest inclusion of special allowance in the gratuity is not allowed, any other calculation formula is not applicable.
Therefore based on your input the gratuity calculated will be:-
20,000*(15/26)*18 = 2,07,962/- Rs.
19th August 2014 From India, Mumbai