Gratuity Payment Confusion: Does Last Salary Count Despite Role Changes? Seeking Advice

I have worked in an education institute for 27 years in two categories. There is no break in service from shifting from one category to another. They have only paid me part payment, and now they are denying me the rest. I have corresponded with them.

Gratuity Payment Inquiry

My question is, is gratuity paid on the last salary drawn irrespective of internal orders, i.e., changes in cadres? Is this true? If I go to the labor court, will I receive justice?

Thank you.

Regards

Gratuity Eligibility and Payment

Gratuity is payable on the last drawn salary. Even if you had two spells, like one in administration and another in teaching, you are eligible for gratuity since the amendment to the Payment of Gratuity Act, which included teachers as employees, has a retrospective effect. Needless to say, non-teaching/administrative staff in an educational institution were eligible for gratuity before this amendment.

Steps to Take if Gratuity is Denied

In case gratuity is denied, you can represent before the Labour Officer, who is the appropriate authority under the Payment of Gratuity Act to settle the gratuity cases. You may apply using the attached form.

Regards,
Madhu.T.K

Since these are administrative forums, you can directly approach the authorities and present your issues. No lawyer needs to be engaged for this.

Regards,
Madhu.T.K

Can Gratuity Be Claimed On Completion Of 240 Days During Fifth Year?

I resigned from the organization after completing continuous service of 4 years, 11 months, and 12 days. During my full and final settlement, the company refused to grant me gratuity, stating that I have not completed 5 years of service.

I have raised the issue on the grievance portal. After several reminders, I have finally received a notice from the 'Office of the Controlling Authority Under the Payment of Gratuity Act' to appear before them with all proof and witnesses to justify my claim.

Please suggest what I should do now.

Dear Member,

If you are not in a position to pursue your claim case before the Authority, then appoint your advocate for the same.

R N KHOLA