A peon worked in a company for 40 years.His basic salary increased yearly and at the time of retirement basic salary was 6810.00.He was not given D.A from past 20 years.His retirement benefits was contained leave salary,PF and gratuity.He got only 3 lakhs rupees as retirement benefits.He want to know whether he is eligible for getting any other retirement allowance? He was paid HRA Rs.4090/-as per his last pay slip (2015 March).
But he had own house and not claimed for rent. But HRA paid by company. He is not capable to understand the divisions and different heads in his pay slip to split his salary. For gratuity and leave benefits only his basic salary was added. Whether he has any right to claim for more benefits? He did not know the pension rule of his company.Since last grade, he was isolated. Whether any remedy available to him?
Thank you very much

From India, Chennai
Labour Law & Hr Consultant

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Dear Sriramajeyam,
Since there is no component of D.A in the salary structure, your calculation of gratuity based on the lone component of basic salary is legally correct. But your calculation of leave benefit can be disputed. If I were correct, the leave benefit you mean is the surrender value of the EL/PL at his credit on the date of his termination by retirement. Such leave if availed of by the employee would be treated as duty and he would be entitled to the basic plus all allowances excepting those allowances pertaining to actual attendance. Therefore, you ought to have calculated the leave benefit by including the basic and the HRA too.

From India, Salem
please clarify following
1. whether he can ask for any benefits for his 41 years long service as peon?
2.He is not promoted or grade changed for his 41 years service.Whether he is eligible for stagnation allowance?
3.During his retiremnet he was told to give F& F settlement.But not paid any thing except PF,Gratuity and leave benefit?What is F&F means?
Whether he can claim for F&F settlement?
Thank you

From India, Chennai

Dear Sreeramajayam,
1)The long period of continuous service, as it is, on a particular post doesn't confer any special benefits on the employee. If the service rules applicable to such post provides for what is called as "stagnation increment" beyond reaching the maximum in the timescale of pay, it alone is the additional benefit for such continuous long tenure in such post. If there is no such rule or the salary /wages of such individual is just consolidated one, no such claim by the employee after his retirement would be legally sustainable.
2)The above answer is applicable to this question too in principle. Promotion can not be claimed by an individual employee as a matter of right by the efflux of time unless there is the ground of victimization or punishment. Grade up gradation is a concept in place where all the the employees of a particular grade cannot be advanced to the next higher grade for want of Vaccancies that too if so provided in the service rules or in the Collective Bargaining Agreement.
3)Full and Final Settlement means the determination of all employment claims of an outgoing employee on his termination of employment in monetary terms as per the provisions of applicable laws or the contract of employment depending on the nature of his /her termination. From your last post, it appears that your compliance is sufficient.

From India, Salem
Thank you very much for your reply.
I am requesting some more clarifications.
1.The said person was transferred from marketing department to administrative department in the year 2005?His(Post-Peon) nature of work was not changed.His duty included dispatching and delivery of goods till retirement.Whether he claim any relief for the same?
2. He is not having any document in relation to appointment.
3. During 2003 said company provided voluntary retirement to its staff. But denied to him?
4. Now he is 60 years and not having any earnings only having 3 lakhs received as retirement benefits.
5. about the retirement rules of his Company is also not aware to him.

From India, Chennai

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