Hi Uma,
As rightly mentioned by Mr. Sounder, ex gratia is not mandatory. It is purely at the discretion of the management to pay ex gratia. Normally, when an amount is paid to employees who are not covered under the Payment of Bonus Act and when some amount is given in excess of the ceiling prescribed under the Act (bonus earnings restricted to Rs. 3500 per month), it will be termed as ex gratia in the bilateral/tripartite settlements. Usually, ex gratia is the amount paid to employees in recognition of their cooperation and contribution. Employees have no right to demand ex gratia unless it is contemplated in a settlement between the employer and employee.
Minimum wages have two components: 1) basic wages and 2) dearness allowance. Dearness Allowance prescribed under the Minimum Wages Act will be revised every 6 months based on the increase in the cost of living index.
Companies pay Dearness Allowance to employees based on the long-term wage settlements they enter into with the unions.
Like basic wages, dearness allowance will also be taken into consideration for indirect benefits such as bonus, PF, gratuity, superannuation, etc.
Please revert to me for any clarification.
Have a wonderful day and a great week ahead.
Thanks & Regards,
Kalyan R
Manager - Personnel
Sundaram-Clayton Ltd
Brakes Division
Chennai.
Mobile: 9840942232