Mr.X worked in a private sector company ( A & Co Pvt Ltd) for 30 years and finally got retired from service on 30.06.2000 on attaining the age of superannuation.( ie 58 yeas) and got his terminal statutory dues like pf and gratuity settled in good time . Mr.X had received a gratuity of Rs 9 Lakhs .
My.X approached another private sector company ( B & Co Pvt Ltd) and requested for a job( on post retirement from A & Co Pvt Ltd ) whilst B & Co Pvt Ltd , acceded to his X's request and offered him employment on fixed term basis as per details below
Mr.X was given an appointment in on fixed term contract basis for a period of one year from 01.01.2001 to 31.12.2001 by means of a letter on a consolidated Basis salary of Rs 1,00,000
Mr.X was given another letter dated 31.12.2001 appointing him for yet another period of one year from 01.01.2002 ( stand alone appointment) on a consolidated basic salary of Rs 1,00,000 per month
Mr. X was given another letter dated 31.12.2002 appointing him for yet another period of one year from 01.01.2003 ( stand alone appointment) on fixed term basis contract basis on a consolidated basic salary of Rs 1,00,000 per month.
He had been given another letter dated 31.12.2003 appointing him for yet another period of one year from 01.01.2004( stand alone appointment) on fixed term basis contract basis on a consolidated basic salary of Rs 1,00,000/ per month.
Mr.X was given given another letter dated 31.12.2004 appointing him for yet another period of one year from 01.01.2005 ( stand alone appointment'on fixed term basis contract basis on a consolidated basic salary of Rs 1,00,000 / per month.
Mr.X was given another letter dated 31.12.2005 appointing him for yet another period of one year from 01.01.2006 ( satnd alone appointment) on fixed term basis contract basis a consolidated basic salary of Rs 1,00,000 / per month.
Mr.X was given given another letter dated 31.12.2006 appointing him for yet another period of one year from 01.01.2007 ( stand alone appointment)on fixed term basis contract basis on a consolidated basic salary of Rs 1,00,000 / per month
Mr.X was relieved from the services of B * Co Pvt Ltd from close of working hours on 31.12.2007 ( ie on expiry of pen year fixed terms contract ) as the company had decided not give any more extensions extension
The company had not given any break-in-service during the entire period of 7 years however with the issuance of stand alone letters of appointment ( totally 7 letters)
The following questions are raised for your answer:
Whether Mr.X is eligible for gratuity i being paid by B & Co Pvt Ltd as per payment gratuity act 1972.
Whether age and gratuity already settled consequent upon retirement in the previous company ( i.e A & Co Pvt Ltd) is a restraint for claiming gratuity in B & Co Pvt Ltd
If your answer is in the affirmative, Mr.X will be getting a gratuity of Rs 4,03,846.15 as per gratuity formula ( i.e 1,00,00/26X15X7)
please let me know further
Since Mr.X had already received a gratuity amount of Rs 9,00,00 ( Rupees Nine Lakhs only) from A & CO Pvt Ltd , whether
Mr.X could get the full gratuity ( i.e Rs 4,03,846) from B & Co pvt Ltd ) considering the position that X would be receiving a combined gratuity of Rs 13,03,846 which exceeds the ceiling of 10 Lakhs fixed under the statute ?
whether Mr.X could make a belated claim for gratuity from B & Co Pvt Ltd after a gap of 9 years " is there any deadline for gratuity claim ? please elucidate?
Thanks & regards
Senprithvib6
My.X approached another private sector company ( B & Co Pvt Ltd) and requested for a job( on post retirement from A & Co Pvt Ltd ) whilst B & Co Pvt Ltd , acceded to his X's request and offered him employment on fixed term basis as per details below
Mr.X was given an appointment in on fixed term contract basis for a period of one year from 01.01.2001 to 31.12.2001 by means of a letter on a consolidated Basis salary of Rs 1,00,000
Mr.X was given another letter dated 31.12.2001 appointing him for yet another period of one year from 01.01.2002 ( stand alone appointment) on a consolidated basic salary of Rs 1,00,000 per month
Mr. X was given another letter dated 31.12.2002 appointing him for yet another period of one year from 01.01.2003 ( stand alone appointment) on fixed term basis contract basis on a consolidated basic salary of Rs 1,00,000 per month.
He had been given another letter dated 31.12.2003 appointing him for yet another period of one year from 01.01.2004( stand alone appointment) on fixed term basis contract basis on a consolidated basic salary of Rs 1,00,000/ per month.
Mr.X was given given another letter dated 31.12.2004 appointing him for yet another period of one year from 01.01.2005 ( stand alone appointment'on fixed term basis contract basis on a consolidated basic salary of Rs 1,00,000 / per month.
Mr.X was given another letter dated 31.12.2005 appointing him for yet another period of one year from 01.01.2006 ( satnd alone appointment) on fixed term basis contract basis a consolidated basic salary of Rs 1,00,000 / per month.
Mr.X was given given another letter dated 31.12.2006 appointing him for yet another period of one year from 01.01.2007 ( stand alone appointment)on fixed term basis contract basis on a consolidated basic salary of Rs 1,00,000 / per month
Mr.X was relieved from the services of B * Co Pvt Ltd from close of working hours on 31.12.2007 ( ie on expiry of pen year fixed terms contract ) as the company had decided not give any more extensions extension
The company had not given any break-in-service during the entire period of 7 years however with the issuance of stand alone letters of appointment ( totally 7 letters)
The following questions are raised for your answer:
Whether Mr.X is eligible for gratuity i being paid by B & Co Pvt Ltd as per payment gratuity act 1972.
Whether age and gratuity already settled consequent upon retirement in the previous company ( i.e A & Co Pvt Ltd) is a restraint for claiming gratuity in B & Co Pvt Ltd
If your answer is in the affirmative, Mr.X will be getting a gratuity of Rs 4,03,846.15 as per gratuity formula ( i.e 1,00,00/26X15X7)
please let me know further
Since Mr.X had already received a gratuity amount of Rs 9,00,00 ( Rupees Nine Lakhs only) from A & CO Pvt Ltd , whether
Mr.X could get the full gratuity ( i.e Rs 4,03,846) from B & Co pvt Ltd ) considering the position that X would be receiving a combined gratuity of Rs 13,03,846 which exceeds the ceiling of 10 Lakhs fixed under the statute ?
whether Mr.X could make a belated claim for gratuity from B & Co Pvt Ltd after a gap of 9 years " is there any deadline for gratuity claim ? please elucidate?
Thanks & regards
Senprithvib6