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Pravas Mondal
I joined in the college on 02.05.2005, and continued to 14.02.2016. Resigned on 15.02.2016 and. rejoined on 03.03.2016 then my service is discontinued on 30.06.2016.
What will be my period of service for the Gratuity claim? I have got PF and pension.

From India, Birbhum

By your resignation on 15-02-2016, you had foreclosed your contract of employment with the College on your own. Your rejoining later creates a fresh contract of service only.
Therefore, you are eligible to claim gratuity for the previous spell of service between 02-05-2005 and 15-02-2016 only.

From India, Salem

2 Different accounts posted the same question on the same day.
Both are for 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
Pravas Mondal
I joined in the college on 02.05.2005, Continue to 14.02.2016.Resigned on15.02.2016 and. rejoined on 03.03.2016 then my service is discontinued on 30.06.2022.No new salary agreement has been signed. According to the old salary scale, I will get salary till June' 2022.
I have got PF and pension.there is no discrimination.
What will be my period of service for Gratuity claim?

From India, Birbhum

I agree with Mr. Umakanthan because the period after resignation will not counted for calculation of gratuity.
From India

Dear Pravas Mondal,

In your two post if you have mentioned two different separation date after rejoining - 30.06.16 and 30.06.2022 which is confusing. Mr. Umakanthan has been very clearly explained your position.

You have not mentioned whether you have received or not Gratuity for the period 02.05.2005 to 14.02.2016. You are eligible for gratuity for the period.

After rejoining on 03.03.2016 if you have engaged up to 30.06.2022, then also you will be entitled for gratuity.

S K Bandyopadhyay ( WB, Howrah)
CEO-USD HR Solutions
+91 98310 81531

USD HR Solutions – To Strive towards excellence with effort and integrity

From India, New Delhi
Thiru Vasu

Mr.X joined the organization on 2.1.1987. He availed leave from 14.3.1991 to 23.6.2021 totaling to 101 days of which 71 days are leave without pay. The purpose of the leave for a surgery he underwent on medical grounds. The above leave of 101 days was sanctioned though 71 days was without pay. Mr.X is superannuating on 31.7.2022.

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 leave without pay in to consideration.

Seniors are requested to kindly advice.

Thiru Vasu

From India, Chennai

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 has he has worked more than 6 months in this year.
The question is whether any previous year he worked less than 240 days

From India, Mumbai
Thiru Vasu
I am sorry. I had inadvertently mentioned the date as 23.6.2021 instead of 23.6.1991. Many Thanks for your reply Sir.
1. As regards 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 before he was getting before his leave.
2. I think he has worked for more than 240 days in the calendar year 1991.
3. I totally agree with you Sir, that for a person who has worked for 35 years the organisation should not look so deeply but the query was raised to know what the rule says; just for academic purpose.

From India, Chennai

Responding to Mr. Mondal, it appears that the learned opinions were made looking to 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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