Umakanthan53
Labour Law & Hr Consultant
Bijay_majumdar
Freelancer
Vvkksarma
Hr Manager
+2 Others

I have worked in IAF for 20 years and after that worked in an organisation for 5 years 6 months. On resignation, I was refused gratuity, stating that gratuity not applicable for ex-service personnel, reemployed. Kindly clarify this and please let me know the legal aspects
26th March 2018 From India, Pune
If the organization you worked after your retirement from IAF is an industrial establishment falling under Sec.1(3) of the Payment of Gratuity Act,1972, you are entitled to gratuity not withstanding the receipt of similar terminal benefit for an earlier service rendered in any other organization.
If the above answer suits your case in all respects, you can file a claim for gratuity together with interest before the Controlling Authority under the P.G Act,1972 of the area in which the organization is situated.
26th March 2018 From India, Salem
Vvk Sharmaji,
As suggested,by Mr. Umakanthan Sir, You are eligible for Gratuity.
I am also retired from IAF after 20 yrs of Service.and there are many who are working in private sectors and even in Banks and Payment of gratuity is applicable as suggested by them.
Kindly connect with your other collegues in private companies to know more.
27th March 2018 From India, Vadodara
Section 1(3) in The Payment of Gratuity Act, 1972
(3) It shall apply 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;
(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.
(It has got nothing to do with your previous services).
You are doing fresh services in private concerns and therefore applicability of gratuity is only subject to the conditions as prescribed in payment of gratuity act.
27th March 2018 From India, Vadodara
Dear Sharmaji (Great Veteran)
You Should get the Gratuity this is nothing to do with your exserviceman status or any other matter
As above Mr. Umankantan and Mr. Bijay Majumdar has quoted rightly...
If you need more help please let me know...
all the best
Regards
R.R.Inamdar
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28th March 2018 From India, Mumbai
Dear Sharma
If your organisation is covered under the Act and your service
Period is more than 5 years continuous service you are entitled to gratuity
28th March 2018 From India, Pune
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