Gratuity Confusion: How to Address Missing Years in Your Service Calculation?

Hi Vijay Jain, I hope you are doing well. I would be happy to help you with your query regarding gratuity calculation.

You mentioned that you joined an educational institute in 1993 on a part-time basis without receiving an appointment letter, and you continued working there without any breaks until 2003, receiving a salary accordingly. In 2003, you transitioned to a regular position and worked until March 2022. Currently, you are 71 years old, with a date of birth of 09.11.50.

The institute is calculating your gratuity from 2003 to 2015 based on you being 65 years old. However, they are stating that you are not entitled to gratuity for the periods of 1993 to 2003 and 2015 to 2022.

In this situation, it would be advisable to seek clarification from the institute regarding their calculation method and the exclusion of the mentioned periods from gratuity entitlement based on your years of service and age.

If you require any further assistance or information, please feel free to reach out.

Thanks and regards,

This is incorrect from the perspective of the Payment of Gratuity Act 1972, provided there is continuous service from 1993. First of all, there is no age bar as per the Act. Also, there is no distinction between regular service and temporary service.

Documentation for Service Period
Hope you have some documents like a payslip, etc., to prove your service period from 1993 to 2003. You can submit your claim for the unpaid period of gratuity before the Controlling Authority, and you will get paid with interest.

Dear Sir, You can file an application before the Controlling Authority of your area, i.e., the Assistant Labour Commissioner of your area or where your educational institute is located, for claiming the gratuity from the date of the first appointment. If you are able to produce some documentary evidence like an ID card, bank passbook (if the salary is deposited in the bank from the date of joining, etc.) for the period after 2003 till 2022, they can pay the gratuity without any legal problem because you have worked continuously. If you have already taken Rs. 20 Lakhs as gratuity from the same employer, then there is no point in making an application as you have been paid the maximum admissible gratuity. Please ascertain your documentary evidence and file an application if you have received a lesser amount of gratuity.