If that 'consultant' has been reporting to the office at a certain time and remaining in the office for certain time, say, 8 hours, like any other employee, if he used to apply for leaves whenever he wants to take leave, has been granted increments in the 'fees' every year, then it is very easy to establish master servant relationship. Once the master serant relationship is established, gratuity will have to be paid if the post retirement period comprises of five years with each year having 240 days of paid days.