There is a dispute between me and the Controlling Authority about the salary to be considered for the calculation of gratuity. My salary on 01/02/2014 was Basic Pay + 90% D.A. My last salary was for the month of March 2014, for 11 days only. During April/May 2014, a 10% increase in D.A. with effect from 01/01/2014 was declared by the government. Hence, from 01/01/2014, the effective D.A. was 100% of Basic Pay. All employees on duty at that time were given the effect and were paid arrears for the increase in D.A. during the salary of May 2014. My services were terminated before the declaration of the increase in D.A.; hence, the employer has not paid the arrears to me despite my several requests. Now, while calculating the gratuity, the Controlling Authority has considered the salary as Basic Pay + 90% D.A., as per the last February 2014 pay slip. I have appealed against the Order (Direction for Payment) to the Appellate Authority to justify that Basic Pay + 100% D.A. should be considered as my salary, “the payable salary,” for the calculation of gratuity irrespective of the fact that the employer has not paid me the arrears. Kindly guide me on whether my demand to consider D.A. as 100%, the effective D.A. from 01/01/2014, when I was on duty, is justifiable or not for the calculation of gratuity.
From India, Vadodara
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From India, Vadodara
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SALARY SHEET CALCULATION.xls
Salary calculation.doc