Gratuity - Retirement Age

Hi, Is a retired employee eligible for gratuity if he joins a company at the age of 61 (After full time employment and retirement from govt. sector) and continuing over 10 years of service into direct employment in same company.The company doesn't have any gratuity fund under LIC.

once retired you lost the right to claim gratuity after 58 years of age. But it is purely a management option to grant you gratuity for service after your retirement.

Dear Friend,
After retirement certainly some of the companies want the services of the retired employee on several counts. The payment will be as fees/honorarium/consultancy procedures/consolidated amount etc., some of the organisations deduct income tax accordingly. In your case better claim amount without mentioning gratuity, also, kindly verify you are not a regular in the regular service, if they have made yourself as a regular employee, you have the right to get all benefits of regular employment for these ten years. There is no interference of law in these services.
best of luck....

As per the gratuity Act it is immaterial whether the employee is retired and reemployed or not.All that matters is whether the Act is applicable to the employer and whether the employee has completed five years completed service.
Another point is ,if the employee has got Rs ten lacs rupees as gratuity from his earlier Company under the POG Act 1972, the gratuity he receives from the next Company will be taxable.
Varghese Mathew
Freelance consultant
0471 2542059