Somen Dey
I understand that the enactment of of new gratuity act is expected w.e.f from 1st April 2010.
I work in a big private company . My normal retirement was due in the the month of September 2010, but my service was extended for one year by MD. Now my retirement is due on 30th September 2011.
If the limit of gratuity is enhanced from 3.5 lac to 10 lac, will I be entitled for this benefit.
S.Dey

From India, Calcutta
R.N.Khola
363

Dear S.Dey,
If the effective date of amendment of P G Act relating to this enhancement happens to be before your retirement then in that case you will get this amount.
With Regards,
R.N.Khola




From India, Delhi
surefire
Even though your retirement was due this year sept 2010 and extended next year. The gratuity act begins 1-04-2010whom ever retire after this date will get the benfit.
From India, Hubli
Somen Dey
Dear Mr Khola,
Thank you very much for your reply.But I have made a mistake in writing the year.
Actually my normal retirement date was September 2009 ( at 60 years of age) . Six months before my scheduled date of retirement , my MD through a letter issued an extension for one year i.e up to 2010 September. The letter said extension is made 'with existing terms and condition'. Recently the MD who signed my extension letter has been replaced by a new MD.
So now if the ceiling of gratuity is raised from 3.5 lac to 10 lac, w.e.f 1st of April 2010., and I retire after the date of enactment of amendment of the act , shall I be entitle for the new ceiling of gratuity.
S.Dey

From India, Calcutta
R.N.Khola
363

Dear S Dey,
We are to see the effective date of applicability of the amended P G Act, 1972 & if the date of retirement happened to within the effective date of applicability of this amendment then you will get the gratuity according to the amended P G Act.Orders relating to extension of your service period are not going to be effected by the change of M D.
Opinion submitted as requested.
With Regards,
R.N.Khola



From India, Delhi
Somen Dey
Dear Mr Khola,
Thank you very much for the reply. There is one opinion that even though my service was extended beyond 60 years , since my normal retirement was due in September 2009 , if there is any change in the Act (after September 2009 ), i,e during my extension period , I may not be entitle for the benefit of the change.
Would you kindly once again confirm that my extended service period will be considered as normal service period , for calculation of gratuity and I shall get the benefit of any change of Act.
Sorry for bothering you too much.
regards
S.Dey

From India, Calcutta
R.N.Khola
363

Dear S Dey, As you are continuously working without by break or taking full & final payment, therefore, in my opinion you will get the benefit as discussed above. Regards, R N KHOLA
From India, Delhi
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