I joined the college on 02.05.2005 and continued until 14.02.2016. I resigned on 15.02.2016 and rejoined on 03.03.2016. However, my service was discontinued on 30.06.2016.
Gratuity Claim Period
What will be my period of service for the Gratuity claim? I have contributions towards PF and pension.
From India, Birbhum
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Gratuity Claim Period
What will be my period of service for the Gratuity claim? I have contributions towards PF and pension.
From India, Birbhum
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By resigning on 15-02-2016, you terminated your contract of employment with the College. Your rejoining later only establishes a new contract of service. Therefore, you are eligible to claim gratuity for the previous period of service between 02-05-2005 and 15-02-2016 only.
From India, Salem
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6108From India, Salem
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I joined the college on 02.05.2005 and continued until 14.02.2016. I resigned on 15.02.2016, rejoined on 03.03.2016, and my service was discontinued on 30.06.2022. No new salary agreement has been signed. According to the old salary scale, I will receive a salary till June 2022. I have PF and pension, and there is no discrimination. What will be my period of service for the Gratuity claim?
From India, Birbhum
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From India, Birbhum
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In your two posts, you have mentioned two different separation dates after rejoining - 30.06.16 and 30.06.2022, which is confusing. Mr. Umakanthan has very clearly explained your position.
You have not mentioned whether you have received gratuity for the period 02.05.2005 to 14.02.2016. You are eligible for gratuity for that period.
After rejoining on 03.03.2016, if you have been engaged up to 30.06.2022, then you will also be entitled to gratuity.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
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USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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You have not mentioned whether you have received gratuity for the period 02.05.2005 to 14.02.2016. You are eligible for gratuity for that period.
After rejoining on 03.03.2016, if you have been engaged up to 30.06.2022, then you will also be entitled to gratuity.
S K Bandyopadhyay (WB, Howrah)
CEO-USD HR Solutions
[Phone Number Removed For Privacy-Reasons]
[Email Removed For Privacy Reasons]
USD HR Solutions – To strive towards excellence with effort and integrity
From India, New Delhi
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Responding to Mr. Mondal, it appears that the learned opinions were made considering the fact that the second spell of service is only for a little over three months (03.03.16 to 30.03.16). Now that the position is clarified, it calls for a re-evaluation.
Yes, there is admittedly an interruption in the continuous service, as he was out of employment for a small period from 15.02.16 to 03.03.16, not even a month. Section 2A 2(a) (2) of the PG Act 1972 provides that even if it is not continuous service, if the person has worked for more than 240 days in that year (i.e., from 30th June 2016 to 01.07.2015), then he is eligible for gratuity for that year. So, it has to be treated as continuous service from 02.05.2005 to 30.06.22. (calculation to be done from 30.06.22 backwards)
From India, Mumbai
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Yes, there is admittedly an interruption in the continuous service, as he was out of employment for a small period from 15.02.16 to 03.03.16, not even a month. Section 2A 2(a) (2) of the PG Act 1972 provides that even if it is not continuous service, if the person has worked for more than 240 days in that year (i.e., from 30th June 2016 to 01.07.2015), then he is eligible for gratuity for that year. So, it has to be treated as continuous service from 02.05.2005 to 30.06.22. (calculation to be done from 30.06.22 backwards)
From India, Mumbai
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Sorry to differ from the above observation of our learned friend, Mr. KK(!)HR.
As per the narrative of the questioner, this is a case of termination by the employer after the reemployment of a resigned employee. The employer has up to 30 days from the date of termination by resignation on 15-02-2016 to settle the gratuity of the employee. It is not clear from the post whether the gratuity was settled within 30 days from the date of termination on 15-02-2016. Even if not, his subsequent appointment effective from 02-03-2016 cannot relate back to the previous spell of service under a different contract of employment, which ended on 15-02-2016 by the poster's resignation that was accepted and acted upon by the parties to the contract. In such a situation, the only option available to the employee is to claim interest for the period of default only, and certainly, it is not tenable to give an extended interpretation of section 2-A of the Act as opined by Mr. KK(!)HR.
The averment that the poster was reemployed with pay protection cannot indicate the inclusion of the previous service in the fresh contract of employment for the purpose of continuity of service unless specifically stated so.
From India, Salem
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As per the narrative of the questioner, this is a case of termination by the employer after the reemployment of a resigned employee. The employer has up to 30 days from the date of termination by resignation on 15-02-2016 to settle the gratuity of the employee. It is not clear from the post whether the gratuity was settled within 30 days from the date of termination on 15-02-2016. Even if not, his subsequent appointment effective from 02-03-2016 cannot relate back to the previous spell of service under a different contract of employment, which ended on 15-02-2016 by the poster's resignation that was accepted and acted upon by the parties to the contract. In such a situation, the only option available to the employee is to claim interest for the period of default only, and certainly, it is not tenable to give an extended interpretation of section 2-A of the Act as opined by Mr. KK(!)HR.
The averment that the poster was reemployed with pay protection cannot indicate the inclusion of the previous service in the fresh contract of employment for the purpose of continuity of service unless specifically stated so.
From India, Salem
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Gratuity-Contin uous Service-countin g broken period with same employer-Madras HC Judgment.docx