all senior members
please give me advise on following.
i was working in a public ltd company and served for more than 25 years.and raised up to post of vice president.
in may 2009 i was allowed by director for availing long leave.verbaly further it is clearified that in my 25years of service i never applied for any leave in writing it was always verbaly/telephone only.
in the month of nov 2013 i decided to take my full and final payment and same was intimated by email.
in response to my e mail company asked me tender resignation so that they can close my account.
in the month may 2014 they accepted my resignation and intimated me also.
to make payment of gratuity date of payment may 2009 and calculating with the limit of 350000/-maximum.where as now maximus is 1000000/-as per new rules of 2010.
i need advise in the matter .sepration from employment is to be taken as may 2009 when i allowed long leave by director or the date of my resignation accepted by management in 2014.
further also advise me gratuity rule of 2009 or revised rule of 2010 will be applicable for calculation of my gratuity.
thanks and regards
ashok kumar solanki

From India, Jaipur
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Nathrao
Insolvency N Gst Professional
Sushilkluthra@gmail.com
Consultant In Legal Matters
+1 Other

nathrao
3103

Your long leave has probably been treated as break in service and gratuity is paid at 2009 levels. Lack of written approval has lead to this impasse.
From India, Pune
Gratuity is payable till resignation under the Payment of gratuity act. It is on resignation all admissibility as per Act is to be determined under section 4 of the Act. Thanks Sushil
From India, New Delhi
nathrao
3103

Dear Mr Sushil, Suppose in this case the verbal leave is treated as absence without permission. After all everything is verbal and absence treated as break in service. What happens in such cases?
From India, Pune
Dear Nathrao,
Absence without permission will have impact on determination of eligibility only and will not reduce the maximum amount of ten lakhs if employee has become eligible to draw gratuity with five years service in 2014. The emphasis is on payment of gratuity on resignation or superannuation or termination. In Gandhinagar v Shobhnaben, Gujarat HC held in 2010 that gratuity is payable till resignation.
Thanks
Sushil

From India, New Delhi
If in any anniversary year you have worked for less than 240 days, then as per the Act you are not eligible to receive gratuity for that year. Shrikant
From India, Mumbai
Anonymous
221

After five years continuous service, an employee is eligible for gratuity and in any year if one has not put in 240 days of service then he is entitled for six months service in a year. See the provision under section 4(2) of the Payment of Gratuity Act.
From India, New Delhi
Information is inadequate :
1) What is the date of resignation?
2) Whether salary or any monitory benefit was paid to you from 2009 to 2014?
3) Any notice is served by any of the party of employment?
4) What is the status of employment relationship between 2009 to 2013?
5) whether PF contribution was made by the employer for this period of dispute?
6) In case the said period was leave which sort of leave it was paid or unpaid etc.?

From India, Bangalore

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