Can Miners Work Over 42 Years? Seeking Clarity on Gratuity and Government Rules

In the Coal Mining Industry, there were a few cases detected where individuals were employed in the mines at the age of 15 or 16 years during their adolescent period. Now, these employees have been superannuated from service in the year 2018, with a total length of service exceeding 42 years.

Government Circular on Length of Service

Is there any circular from the Government of India indicating that no person can serve an organization beyond 42 years of service? In the service file, the Date of Appointment (DOA) has been recorded as 1975. The question arises whether gratuity will be calculated based on the 42 years of service or the actual service the employee rendered.

Kindly provide valuable suggestions and also share any circular issued by the Government of India regarding the length of service.

Government Circular on Maximum Length of Service

I have no idea about the circular, if any, of the Government of India referred to by the poster regarding any restriction on the maximum length of service of an employee in any or every organization.

Employment of Adolescents in Mines

Coming to the question of employment of adolescents in mines, there was a provision in every mine of Eastern Coal Fields Ltd and Western Coal Fields Ltd to employ persons below the age of 18 years. At that time, there was no restriction in the Mines Act, 1952, to employ persons below 18 years of age. However, after the commencement of the Mines (Amendment) Act, 1983, Section 40(1) of the Mines Act, 1952, explicitly prohibits the employment of persons below the age of 18 years in any mine.

Therefore, there is every possibility for the person mentioned in the post to have been employed in the mine when he was an adolescent since his year of appointment is admittedly 1975. Though the Payment of Gratuity Act, 1972, puts a cap on the amount of gratuity receivable, it does not have any provision restricting the length of service rendered by an employee in an organization.

Hence, the gratuity must be paid to the employee for the actual years of service rendered by him, subject to the ceiling of Rs. 20 lakh.