I joined the college on 02.05.2005 and continued until 14.02.2016. I resigned on 15.02.2016 and rejoined on 03.03.2016. However, my service was discontinued on 30.06.2016.
What will be my period of service for the Gratuity claim? I have contributions towards PF and pension.
From India, Birbhum
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What will be my period of service for the Gratuity claim? I have contributions towards PF and pension.
From India, Birbhum
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By resigning on 15-02-2016, you terminated your contract of employment with the College. Your rejoining later only establishes a new contract of service. Therefore, you are eligible to claim gratuity for the previous period of service between 02-05-2005 and 15-02-2016 only.
From India, Salem
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6108From India, Salem
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Two different accounts posted the same question on the same day. Both are about things that happened 6 years ago. This is definitely some interview question or some college assignment that they are trying to get us to do for them...
From India, Mumbai
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From India, Mumbai
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I joined the college on 02.05.2005 and continued until 14.02.2016. I resigned on 15.02.2016, rejoined on 03.03.2016, and my service was discontinued on 30.06.2022. No new salary agreement has been signed. According to the old salary scale, I will receive a salary till June 2022. I have PF and pension, and there is no discrimination. What will be my period of service for Gratuity claim?
From India, Birbhum
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From India, Birbhum
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I agree with Mr. Umakanthan because the period after resignation will not counted for calculation of gratuity.
From India
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From India
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Dear Pravas Mondal,
In your two posts, you have mentioned two different separation dates after rejoining - 30.06.16 and 30.06.2022, which is confusing. Mr. Umakanthan has very clearly explained your position.
You have not mentioned whether you have received gratuity for the period 02.05.2005 to 14.02.2016. You are eligible for gratuity for that period.
After rejoining on 03.03.2016, if you have been engaged up to 30.06.2022, then you will also be entitled to gratuity.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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In your two posts, you have mentioned two different separation dates after rejoining - 30.06.16 and 30.06.2022, which is confusing. Mr. Umakanthan has very clearly explained your position.
You have not mentioned whether you have received gratuity for the period 02.05.2005 to 14.02.2016. You are eligible for gratuity for that period.
After rejoining on 03.03.2016, if you have been engaged up to 30.06.2022, then you will also be entitled to gratuity.
S K Bandyopadhyay (WB, Howrah) CEO-USD HR Solutions +91 98310 81531 skb@usdhrs.in USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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Sirs,
Mr. X joined the organization on 2nd January 1987. He availed leave from 14th March 1991 to 23rd June 2021, totaling 101 days, of which 71 days were leave without pay. The purpose of the leave was for surgery he underwent on medical grounds. The above leave of 101 days was sanctioned, though 71 days were without pay. Mr. X is superannuating on 31st July 2022.
While calculating his Gratuity, his service comes to 35 years, 6 months, and 30 days. Should we round it off to 36 years or round it off to 35 years after taking his 71 days of leave without pay into consideration?
Seniors are requested to kindly advise.
Thiru Vasu
From India, Chennai
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Mr. X joined the organization on 2nd January 1987. He availed leave from 14th March 1991 to 23rd June 2021, totaling 101 days, of which 71 days were leave without pay. The purpose of the leave was for surgery he underwent on medical grounds. The above leave of 101 days was sanctioned, though 71 days were without pay. Mr. X is superannuating on 31st July 2022.
While calculating his Gratuity, his service comes to 35 years, 6 months, and 30 days. Should we round it off to 36 years or round it off to 35 years after taking his 71 days of leave without pay into consideration?
Seniors are requested to kindly advise.
Thiru Vasu
From India, Chennai
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Mr. Vasu, you should put this in a new thread as it has nothing to do with the original query.
In any case, the question is whether he had a service break or not when he was absent for 100 days. If not, then you need to see whether he worked for 240 days in the years (his leave is broken into 2 years I think, so he probably did 240 days in each year) including his paid leave. For that matter, I think even LWP if it was approved will count as days worked (but I am not sure).
He has worked with you for 35 years. Do you really want to be petty and deprive him of 15 days' pay? I think by law he is entitled to count his current year in gratuity calculation as he has worked more than 6 months in this year. The question is whether in any previous year he worked less than 240 days.
From India, Mumbai
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In any case, the question is whether he had a service break or not when he was absent for 100 days. If not, then you need to see whether he worked for 240 days in the years (his leave is broken into 2 years I think, so he probably did 240 days in each year) including his paid leave. For that matter, I think even LWP if it was approved will count as days worked (but I am not sure).
He has worked with you for 35 years. Do you really want to be petty and deprive him of 15 days' pay? I think by law he is entitled to count his current year in gratuity calculation as he has worked more than 6 months in this year. The question is whether in any previous year he worked less than 240 days.
From India, Mumbai
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Dear Sir,
I apologize for the error in mentioning the date as 23.6.2021 instead of 23.6.1991. Thank you for your response.
1. In reference to your reply, Mr. X did not have any service break as his annual increments were released on time, i.e., on the same date as he was receiving before his leave.
2. I believe he worked for more than 240 days in the calendar year 1991.
3. I completely agree with you, Sir, that for someone who has worked for 35 years, the organization should not scrutinize so closely. However, the query was raised to understand the rules for academic purposes.
Thank you.
From India, Chennai
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I apologize for the error in mentioning the date as 23.6.2021 instead of 23.6.1991. Thank you for your response.
1. In reference to your reply, Mr. X did not have any service break as his annual increments were released on time, i.e., on the same date as he was receiving before his leave.
2. I believe he worked for more than 240 days in the calendar year 1991.
3. I completely agree with you, Sir, that for someone who has worked for 35 years, the organization should not scrutinize so closely. However, the query was raised to understand the rules for academic purposes.
Thank you.
From India, Chennai
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Responding to Mr. Mondal, it appears that the learned opinions were made looking at the fact that the second spell of service is only for a little over three months (03.03.16 to 30.03.16). Now that the position is clarified, it calls for a relook.
Yes, there is admittedly an interruption in the continuous service, as he was out of employment for a small period from 15.02.16 to 03.03.16, not even a month. Section 2A 2(a) (2) of the PG Act 1972 provides that even if it is not continuous service, if the person has worked for more than 240 days in that year (i.e., from 30th June 2016 to 01.07.2015), then he is eligible for gratuity for that year. So it has to be treated as continuous service from 02.05.2005 to 30.06.22. (calculation to be done from 30.06.22 backwards)
From India, Mumbai
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Yes, there is admittedly an interruption in the continuous service, as he was out of employment for a small period from 15.02.16 to 03.03.16, not even a month. Section 2A 2(a) (2) of the PG Act 1972 provides that even if it is not continuous service, if the person has worked for more than 240 days in that year (i.e., from 30th June 2016 to 01.07.2015), then he is eligible for gratuity for that year. So it has to be treated as continuous service from 02.05.2005 to 30.06.22. (calculation to be done from 30.06.22 backwards)
From India, Mumbai
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Sorry to differ from the above observation of our learned friend, Mr. KK(!)HR.
As per the narrative of the questioner, this is a case of termination by the employer after reemployment of a resigned employee. The employer has the time to settle the gratuity of the employee up to 30 days from the date of termination by resignation on 15-02-2016. It is not discernible from the post whether the gratuity was settled within 30 days from the date of termination on 15-02-2016. Even if not so, his subsequent appointment effective from 02-03-2016 cannot relate back to the previous spell of service under a different contract of employment, which came to an end on 15-02-2016 by the poster's resignation that was accepted and acted upon by the parties to the contract. In such a situation, the only option available to the employee is to claim interest for the period of default only, and certainly, it is not tenable to give an extended interpretation of section 2-A of the Act as opined by Mr. KK(!)HR.
The averment that the poster was reemployed with pay protection cannot indicate the inclusion of the previous service in the fresh contract of employment for the purpose of continuity of service unless specifically stated so.
From India, Salem
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As per the narrative of the questioner, this is a case of termination by the employer after reemployment of a resigned employee. The employer has the time to settle the gratuity of the employee up to 30 days from the date of termination by resignation on 15-02-2016. It is not discernible from the post whether the gratuity was settled within 30 days from the date of termination on 15-02-2016. Even if not so, his subsequent appointment effective from 02-03-2016 cannot relate back to the previous spell of service under a different contract of employment, which came to an end on 15-02-2016 by the poster's resignation that was accepted and acted upon by the parties to the contract. In such a situation, the only option available to the employee is to claim interest for the period of default only, and certainly, it is not tenable to give an extended interpretation of section 2-A of the Act as opined by Mr. KK(!)HR.
The averment that the poster was reemployed with pay protection cannot indicate the inclusion of the previous service in the fresh contract of employment for the purpose of continuity of service unless specifically stated so.
From India, Salem
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx
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