• Mar
  • 26
  • 2012

All about Payment of Gratuity Act 1972

Posted In Income Tax | , | 106 Comments » Print Friendly and PDF

The Payment of Gratuity Act 1972:- Gratuity is a voluntary Payment made by the employer to the employee in recognition of continuous, meritorious services and sincere efforts by the employee towards the organization.It is governed under the Payment of Gratuity Act 1972.It  is  an  Act  to  provide  for  a  scheme  for  the  payment  of gratuity  to  employees  engaged  in  factories,  mines, Oilfields, plantations, ports, railway companies, and shops or other establishments.

Applicability:-As per the Gratuity Act, the scheme for the payment of gratuity is available to:

  • Employees engaged in factories, mines, oilfields, plantations, ports, railway companies, shops or other establishments and for matters connected therewith or incidental with.
  • Every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more persons are employed, or were employed, on any day of the preceding twelve months;
  • Such other establishments or class of establishments, in which ten or more employees are employed, or were employed, on any day of the preceding twelve months, as the Central Government may, by notification, specify in this behalf.

Employee :-The term “employee” is defined in Section 2(e) of the Act as any person (other than an apprentice) who is employed for wages, whether the terms of such employment are express or implied, in any kind of work, manual or otherwise, in or in connection with the work of a factory, mine, oilfield, plantation, port, railway company, shop or other establishment to which this Act applies, but does not include any such person who holds a post under the Central Government or a State Government and is governed by any other Act or by any rules providing for payment of gratuity;’.

Gratuity Entitlement :-Gratuity is payable to an employee (nominee – in case of death of employee) who has rendered continuous service of five years or more on his termination of employment, superannuation, retirement or resignation. Completion of continuous service of five years is not necessary where the termination of employment is due to death or disablement due to accident or disease.

Exceptions:-Forfeiture of gratuity amount wholly or partially or to the extent of Damage /loss in case of an employee whose service has been terminated for:

  • Any act, willful omission or negligence causing any damage or loss to, or destruction of, property belonging to the employer; or
  • Act of riotous or disorderly conduct or any other act of violence on part of employee; or
  • Any act which constitutes an of­fence involving moral turpitude, in the course of his employment.

Nomination:-In case of death, the gratuity is payable to any of the following persons:

  • Nominee
  • Heirs (in absence of nomination)
  • In case nominee/ heir is a minor, such amount will be deposited with the controlling authority who shall invest the same for the benefit of such minor in such bank or other financial institution, as may be prescribed, until such minor attains majority.

The Gratuity limit has been raised from 3.5 lakhs to 10 lakhs:-There  has  been  amendment  in  the Payment  of  Gratuity  Act  1972,    following  proposal  of  Labor  and Employment  Ministry,  demands from  trade  unions  and  others  to remove  the  ceiling  or  increase the maximum  payable  amount,  which was fixed in 1997. It shall come into force on 24 May 2010 as  per  the  Notification  in the Official Gazette.

Maximum Limit :-The Gratuity limit as per Section 4(3) has been raised from 3.5 lakhs to 10 lakhs. This will give advantage to both private and public sector employees. According to this new amendment, the maximum gratuity exemption as per IT Act also increases to Rs. 10,00,000.

Determination of Gratuity Amount

  • For every completed year of service or part thereof in excess of six months, the employer shall pay gratuity to an employee at the rate of fifteen days’ wages based on the rate of wages last drawn by the employee concerned.
  • The Gratuity calculation is done as per the last average remuneration drawn and time in years served by an employee.
  • The amount of gratuity payable to an employee shall not exceed Rs. 10,00,000 (increased from Rs. 3,50,000).
  • In order to compute the gratuity payable in case of employees em­ployed in seasonal establishments, daily wages, or piece rated employ­ees. Computation will be as per the provision of the Act.
  • It can be formulated as follows: Basic + DA (Wages Last drawn)* 15days 126 * number of years of continuous service (six months or less to be ignored and more than six months to be counted as full year)
TIME LIMIT / FORMS FOR APPLICATION TO BE MADE TO EMPLOYER
Sr. Particulars Form Timeline Compliance by
1. Nomination F 30 days after completing 1 year service Employee
2. Application for Gratuity
  • on gratuity be- coming payable to the employee
I 30 days from the date of gratuity becoming pay-able Employee
  • on gratuity be- coming payable to the nominee
J 30 days from the date of gratuity becoming pay-able Nominee
  • on gratuity be- coming payable to heir
K 1 year from the date of gratuity becoming pay-able Legal Heir

106 Responses to “All about Payment of Gratuity Act 1972”

  1. Jeetendra says:

    Dear Team,

    I am working for a proprietorship firm from last 13+ years.I had now resigned from my job.Can i be entitled for Gratuity.As till date we haven’t had any deduction for PF & also any other.How can i claim my gratuity from the company.Is it compulsory for any company to pay gratuity for the employer if they had completed 5+ yrs.pls guide……………

  2. Bakul Rathwa says:

    Dear sir
    I have resigned from private consulting company.
    D.o.j. 20/07/2007.
    Resign date. 18/09/2014.
    Can I eligible for gratuity. If yes then how much amount?

  3. Neeyi ayare says:

    Dear sir

    I am working with a hotel and joined here in 22 nd June 2010 . We have 6 days a week office . This is my 5 th year of work and I would like to understand when I will be eligible for gratutity .
    Also for calculations is offs like Sundays and leaves taken into consideration

  4. J. P. BANERJEE says:

    Whether the teachers of a private and non-aided school in West Bengal working for five years leaving the school on resignation and/or retirement are entitled to gratuity as per Gratuity Act.

  5. Sanjeev says:

    I m an Accountant of an Bihar Govt. Organisation on Contract Basis since 2010 Can i will be eligible for Gratuity payment after continious Contractual Service of 05 Years and above . Please Suggest.

  6. MADDI PRABHAKARARAO says:

    My brother working under contractor since 4 years.Suddenly died in the factory. Whether wife is eligible for claiming gratuity. Give me the clarification please.

  7. BRIJ BHUSHAN says:

    i am working a comp as a casual date 31-05-1987 then 01-06-1990 contract basis. i want know my service is counted year 1987 or 1990.

  8. Sooraj B says:

    I am working in a Psu bank since 26.10.2009 now planning to be get relieved on 26.9.2014 after putting 4 years & 11 month service.Shall I eligible to get gratuity as per guidelines.

  9. Sasha says:

    HI. I worked in the corporate office of a retail firm for 4 years and 11 months. My company says i am not eligible for gratuity. Can u you pls help shed light on the same and is there a court order of the same that i can use to show the company

  10. zeenam says:

    My father works in cooperative bank in chandigarh..he is to get retirement on 31 aug,2014…but according to new rule govt employees are to retire at age of 60.Is my father eligible to get the benefit of increased retirement age. Can we get a stay on the same and my father can enjoy 2 years more of his service at the bank….pls help…

  11. sushil says:

    Dear sir I worked in a charitable religious organization for two years and my project got over and after two year again I got a job in same organization and worked for three years and now I want to resigned from the job and look for the gratuity. Is it possible to get the gratuity from the charitable organization. Please let me know?

  12. I am working in IT company from last more then 5 years can i get gratuity

    for IT and KPO company is applicable for gratuity

  13. Jaswant Singh says:

    Dear Sir,
    i was dismissed on service on 1993 during pendency of the case in high court. i superannuated on 30-06-2006 and i was reinstated in service with all consequential service benefits by the Punjab And Haryana high court on date 13-08-2013. Please let me know as to what maximum amount of Gratuity i should get. Can i get gratuity which invite interest. As my dismissal from service has been set aside by The High Court. Please respond.
    thank you.

    Jaswant Singh. Contact No. 09354409794

  14. Abhishek says:

    Hi Syamal Rao says

    yes your friend father is eligible for gratuity. He has completed more than 5 years of service in his new employment. He should get gratuity as pee the below mentioned formula.

    Basic salary X No.of served period X 15/12

    I hope your your doubt is clear.

    Thanks and regards,
    Abhishek

  15. parwez says:

    sir,
    my father is an employee of private company (which engaged in gas supply for commercial uses).now my papa give resignation from employment. he worked in that company since last 22 years. And in this co. no. of employees are more than 10.
    problem is there i don’t know, this factory which i mentioned above .is applicable gratuity act to this company or not???????
    please sir help me. .

  16. parwez says:

    sir,
    my father is an employee of private company (which engaged in gas supply for commercial uses).now my papa give resignation from employment. he worked in that company since last 22 years. And in this co. no. of employees are more than 10.
    problem is there i don’t know, this factory which i mentioned above .is applicable gratuity act to this company or not???????
    please sir help me.

  17. Syamal Rao says:

    Respected Sir,

    My friends father had joined in a company after his retirement and worked for 8 Years and resigned. My question is, that is he eligible for gratuity or not.

    Please clarify my doubt.

    Thanks and regards,

    Syamal Rao

  18. bharat desai says:

    Sir,
    My freind was working with bank and worked for 21 years and in accident he died, her wife get graduity of Rs.580000 and leave encshment Rs.197000. is this both amount taxble?

  19. Ramakrishna Pantula says:

    Please let me know whether gratuity is payable on the arrears of salary when the gratuity is paid on cessation of employmsent

  20. sheetal says:

    I am a teacher joining dt 31may 2010,will be resigning in october will i be eligible for gratuity and is the probation period considered.

  21. Gagan says:

    Hi Sir,

    My Brother worked in PGI chandigarh as a regular central govt employee and he left the job after continuous service of 9 years and settled abroad.

    Please tell me, if he is eligible for gratuity under central govt gratuity scheme or not.

    His resignation has been accepted by the hospital staff.

    Warm Regards,

  22. pinky says:

    Hi,

    Can you please let me know if I am eligible for gratuity. my date of joing was 31-August-2009 and last date was 21-June-2014.

  23. khushbu says:

    I have taken transfer from branch of company to another. Both the branch maintain different trust for gratuity. can i transfer my gratuity from one trust to another trust within same company? I have already worked in earlier branch for atleast 1 and half year.

  24. Himangsu Mondal says:

    Dear Sir,
    I have a query about the minimum service period required for claiming gratuity. Is it 4 years and 9 months or 5 years? and does there is any related document regarding this? please do answer to my query. -

  25. S.MARY IMMACULATE says:

    Dear SIR,
    MY name is MISS S.MARY IMMACULATE.Iam from COONOOR,Nilgiris DISTRICT.For 19 years and six months i worked in a private polytechnic at METTUPALAYAM,as a LECTURER.I worked from 01.08.1994 to 07.02.2014.My last drawn salary was Rs.35,333 (Basic 22947+DA 12386) and my deduction of pf was RS.4240.UNfortunately I was forced to resign from my job,due to the college principal’s torture by all means.On 30.5.2014 I Consulted a labour officer and as per his advice I APPLIED FOR MY GRATUITY.But the Management is not willing to give my gratuity.They are saying that it has been included in the PF.Sir,what should i do now?please help me out.
    REDARDS,
    MISS.S.MARY IMMACULATE

  26. Dr.S.C. Gauba says:

    Dear Sir
    I retired from a goverment job and joined a private company after retirement.
    I worked for about 9 years on leaving the association i was being told that no gratuity is paid to retired person is is true or can i claim for it.

    Thanks and regards
    Dr. s.c. Gauba

  27. Muyhammad Ilyas says:

    I served i a private Industry for 09 years, latest as a manager Qa. The company has not payed me the gratuity by saying that Manager is not entitle for gratuity. Please guide me what I can do for it.
    Regards

  28. Kutbuddin Challawala says:

    Dear Sir, I was retire on 28/2/2014 from local co-op bank. My last month salary 61048 (basic+DA).my question is how gratuity count.last month working days 28days.As per our workers Union settlement I eligible for 220 month salary as gratuity. Please guide me earlier as posible.

  29. maria fernandes says:

    Can gratuity be claimed more than once in the same company. Worked for 9 years. was given gratuity ealier by the co. as the co was changing its name , however management is the same . Thus now when leaving can I claim gratuity for the balance period. As if co had not given me earlier for the 5 years completed , now when I am leaving I would get for 9 years.

  30. Sukhesh Kumar says:

    Please provide revision in the maximum entitlement of Gratuity since 01-01-1990. My father got retired from services in the year 1996. What was the maximum eligibility during year 2006 ?? Pls clarify

  31. M. Jayakumar says:

    One of my friend retired recently after attaining superannuation 60 years. He worked for 27 years 11 months and gratuity paid for 28 years. while making payment tax was deducted from his gratuity.
    Gratuity paid 515307.69
    Exemption 494670.40
    Tax deducted 20637.29
    can you please explain?

  32. Nihar Kanti Lala says:

    One my colleague has worked as clerk in a organization,Then he has selected as officer in the same organization .He resigned from the clerk and joined as officer on next day.Whether his services worked as clerk will be included for calculation of length of service in the organization.

  33. Anonymous says:

    Dear Sir/Madam,

    I am working in organization from Nov 2008 to till date. From date of joining I am on pay roll of company ( 6 months training + 6 months probation and after probation period I got confirmation latter ) as per that I have completed 4 year 10 months in same organization.
    Kindly let me know whether gratuity qualifying year is calculated including training / probation period or excluding either of or none. Please provide me text of act to support your views.

  34. rohit says:

    Dear Sir,
    I have a query about the minimum service period required for claiming gratuity. Is it 4 years and 8 months or 5 years? and does there is any related document regarding this? please do answer to my query.

  35. shrikant patil says:

    I have complated 7 years of my continuous job i had given regination letter to company but not complete two months nitice period i am eligible for gratuity

  36. Misba Shah says:

    I have a query, whether an employee who has cheated while purchasing a raw material for factory use, and he has also completed more than 5 years. should he be given gratuity on this unethical behaviour?

    Please advise.

  37. SANDEEP WADEKAR says:

    Dear sir,
    I AM JOINING PVT LTD COMPANY ON 6/10/2008
    I AM RESIGNING COMPANY ON 7/06/2013 ( 1 MONTH NOTICED PERIOD)
    COMPANY RELIVE ME ON 8/07 /2013.
    COMPANY HAVE 6 DAY WORKING DAY WEEK.
    Since I am not completing 5 years, my company is not willing to pay gratuity amount due to me. As I have gone through different websites, I found a person who has worked 4 years 240 days becomes eligible for gratuity payment, though I didn’t find any supporting clause or section. If this is true then I believe I am eligible for gratuity payment.

    REGARDS

    SANDEEP WADEKAR
    RAJGURUNAGAR PUNE. 410505

    (M) 09226486450

    EMAIL – sandeepwadekar2010@gmail.com

  38. Raj Kumar says:

    Respected Sir

    I am working as an Accountant in CBSE affiliated School in Haryana.
    My date of joining organisation : 11.04.2007
    My Last working day in organisation : 22.01.2012

    Since I am not completing 5 years, my company is not willing to pay gratuity amount due to me. As I have gone through different websites, I found a person who has worked 4 years 240 days becomes eligible for gratuity payment, though I didn’t find any supporting clause or section. If this is true then I believe I am eligible for gratuity payment.

    Can I request your expertise here as I have no knowledge on subject? Am I eligible or not? If yes, can you provide some supporting doc which I can forward to my company so as they pay my gratuity amount. And what’s the provision for earned leave encashment in CBSE School for admin staff.

    Many thanks in advance.

    Regards,

    Raj Kumar

  39. Upendra chaudhury says:

    It appears that GOVT HAS ISSUED GAZETTE NOTIFICATION ON 31.12.2009, BY AMENDNG THE TERM “EMPLOYEE”, THUS MAKING ‘TEACHERS/PROFESSORS” ELEIGIBLE FOR GRATUITY Wef; 03.04.1997. This amendment is mainly to include Teachers.But where the term’ Teachers’ is added in gratuity act, since some of the private school managements are after retired teachers to show the term ‘teachers’ in the act. any body can help please……

  40. v kumar says:

    as an this date i worked for 4years and 6months can i get Gratuity?

  41. Pushpendra Kumar says:

    I have joined my organisation on 7th July 2008 as GET and probation period after my joining was 1 year. I am going to complete my 5 years on 8th July 2013 and i want to take relieving from the company but HR is saying that training period is not counted for the payment of gratuity.

    Please suggest how I should claim my amount?

  42. chandra dutt sharma says:

    GOOD ARTICLES

  43. chandra dutt sharma says:

    very good articles. but gratuity is paid for @rate of 1 month salary on completion of every year of service over 15 years of service . actually is depending on no of completed years of service.

  44. RAM says:

    I am working in an office of CA for 20 years but the CA is no more now can i claim gratuity.

  45. C R Kulkarni says:

    I want to know whether a part time employee is eligible to get gratuity from his employer when the service period is exceeding more than 15 years ?? Awaiting your reply.

  46. thilaga says:

    why we are taking 15 days wages for calculation.

  47. thilaga says:

    why we are taking 15 days wages for gratuity calculation

  48. v.r.kumavat says:

    An employee in organisation retired on Jan.2013 and his gratuity claim was settled on the basis of last wages drawn by him at the time of his retirement.but subsequently,(in march 2013) management has declared revision in pay scales of employees and the retired persons were given arrears of pay. The question is whether such retired employees can claim gratuity amount on the increased salary? Can we refuse them arrears of gratuity claim ,once their claim is settled?

  49. harikrishnan says:

    Whether the employees in training(Trainee) period is eligible to gratuity or not
    suppose the employee is working 2 years trainee and 4 years probationary/confirmation.The above employee is eligible for gratuity or not

  50. Tagdir Mhatre says:

    Dear Sir/Madan,

    I am working in organization from 26th 2008 to till date. From date of joining I am on pay roll of company ( 1 Year training + 1year probation and after probation period I got confirmation latter ) as per that I have completed 4 year 6 months in same organization but my gratuity qualifying year showing only 3 year. Regarding that I have talk with HR , they said Training period is not considered while calculating gratuity qualifying year but this is not mentioned in gratuity Act.
    Kindly let me know that gratuity qualifying year is calculated including training period or excluding training period

    Regards,

  51. Tagdir Mhatre says:

    Dear Sir/Madan,

    I am working in organization from 26th 2008 to till date. From date of joining I am on pay roll of company ( 1 Year training + 1 year probation and after probation period I got confirmation latter ) as per that I have completed 4 year 6 months in same organization but my gratuity qualifying year showing only 3 years. Regarding that I have talk with HR , they said Training period is not considered while calculating gratuity qualifying year but this is not mentioned in gratuity Act.
    Kindly let me know whether gratuity qualifying year is calculated including training period or excluding training period

    Regards,

  52. Omkar Thatte says:

    I employment was terminated on 27th Dec 2012. I have completed the years required which enable me to get my gratuity. On repeated requests to my employer, my gratuity has not been paid yet. What rights do I have in this case?

  53. Swapnil More says:

    Dear Sir,
    I am working in the private limited company, my joining date is 01.02.2007.
    In my joining letter, company gives me a probation period for 6 months as per their terms & conditions.
    If I may leave the job on 31.05.2013 after giving a notice period on 30.04.2013 for one month as per companies rules & regulation.
    Then, my question is, how many period will be applicable for my gratuity payments.

  54. Swapnil More says:

    Dear Sir,
    I am working in the private limited comapny, my joining date is 01.02.2007.
    In my joining letter company gives me a probation period for 6 months as per their terms & conditions.
    If I may leave the job on 31.05.2013 after giving a notice period on 30.04.2013 for one month as per companies rules & regulation.
    Then, my question is, how many period will be applicable for my gratuity payments.

  55. Swapnil More says:

    Dear Sir,
    I am working in the private limited comapny, my joining date is 01.02.2007.
    In my joining letter company gives me a probation period for 6 months as per their terms & conditions.
    If I may leave the job on 31.05.2013 after giving a notice period on 30.04.2013 for one month as per companies rules & regulation.
    Then, my question is, how many period will be application for my gratuity payments.

  56. prashant km singh says:

    i am working in a company since 1 april 2005 till now. my company has done job work on reliance industries only. now reliance has plan to plant one new plant in reliance premises.and he plan to close my company. kindly tell me if reliance has closed company then employees are eligible gratuity and leave encasement or not.

    prashant kumar singh

  57. Sameer says:

    Hi
    I have been working with my company since 1st Jan 1999. When I joined I was deputed to one of the 100% owned subsidiaries and I stayed there for around 9.5 years. I came back to my parent company in June 2008 and since then I have been in India. Now I have resigned and I need to know for the purposes of gratutity payment whether the period for which I was out of India will also apply or only the period in India. I will be 3 months short of the 5 year period since the time I joined back in India in June 2008. Can I still clam gratuity. Please advise.

    thanks

  58. YUVRAJ MANE says:

    i doing job continuously 5.7 year but i take medical leave 3 month
    can i eligible for graduate
    please suggest me

  59. Mahesh Ulgekar says:

    I resign from a airline travel agency (partnership firm) after working a 5 and half year, giving 1 month prior notice, can I eligible for gratuity ?

    Awaiting for reply,

    Thanks

    Mahesh

  60. N. Sridhar says:

    Sir

    my friend father was working in pvt.company for four year 3 months. last three months back employee was expiried in accident. is eligible for the gratuity.

  61. Sunil Soni says:

    Would like to know the initial period for eligibility to Gratuity. Whether an employee should be completed 5 years of service or a service of 4 yrs 6 months and above would be considered for payment of Gratuity?

  62. Prasad. K says:

    Hi,

    I would like to know whether notice period 1 month also can be considered for the gratuity payable period(5 years). If I resign at 4 years and 11 months and serving 1 month notice period, will I eligible for gratuity.

    Thank you,
    Prasad.

  63. Satish Kumar says:

    i am working in a private company doj : 24/01/2013 and DoL : 2/2/2013 and i took ESI Leave for fifty days during this five yeas, am i eligible for gratutiy ?

  64. Bidesh Chandra says:

    Hello Sir
    i am Bidesh here and want to know that i worked for pvt company for 6 yrs not continuously due to illness and left it and got demand for gratuity but employer said no so can we claim against employer ? as per law or if yes then what is the process of it

    kindly explain and let me know.

  65. cpaneez says:

    Hi, would like to know if gratuity is applicable to an employee whose rolls has been shifted from one manpower agency to another manpower agency but deputed to the same company Continually for more than 4 years and 6 months.
    If applicable who is responsible to pay the gratuity to the employee

  66. rajesh says:

    dear sir,

    DOJ: 01-07-2008
    DOL: 07.12.2012 (at the behest of employer)
    5 days a week
    3 months salary will be paid as per the notice period shown in the appointment letter.

    Am i elgible for Gratuity?

  67. Bipin Patel says:

    Hello Sir
    i am Bipin here and want to know that i worked for pvt company for 5.5 yrs not continuously due to illness and left it and got demand for gratuity but employer said no so can we claim against employer ? as per law or if yes then what is the process of it

    kindly explain and let me know that which books is better for ready reference

  68. hemraj goyal says:

    maine hospital me 20 year service kiya 1st time epf serender after 8 year next 8 year epf cut my salary 3rd time 4year epf cut my salary and service is reguler my owner is refused pay my gratuity

  69. rajender says:

    i want to know how to get gratuity after 6 years of job during resignation.

  70. manoj metha says:

    dear sir,

    please tell me that in our company one worker is death
    his date of joining is 01/10/1991
    and date of deth is 20/07/12

    total service year are 21 years
    plesea tell me that we have to pay gartuity for 21 year’s or 25 year’s

    09225965390

  71. Shekhar Paner says:

    Dear Sir,

    I have joining my private company as a temporary worker from 1 July 1996 to 2 June 2010 Total Period 13 Year 11 Month
    I have Comfirmed ( Parmanent Employee ) in this same company from 3 July 2010 still i am working there
    My age is -37 Year(15/01/1975)

    So my Question is i am elegible to the gratuty for the temporary period

    Regards
    Shekhar Paner
    Nashik Maharashtra
    (M)9822322815
    Email:- scpaner@rediffmail.com

    Kindly Send the Replay
    Thanks.

  72. Manisha says:

    The part time accountant is eligible for the Gratuity. Kindly send the reply.

  73. INDA KATYAL says:

    Dear sir

    I joined Oil & Natural Gas Commission on 12.04.1961 and resigned on 01.10.1982 after serving for more than 21 years of unblemished and blotless services exploring the petoleum & Natual Gas thoighout the country.

    I was paid a least sum of Gratuity for Rs. 5,980/= only, the payment for the period till my total emoluments wee not exceeded s. 1000/= only, i.e. may not be more than five years of my service, whereas at the time of my resignation my total monthly emoluments were around Rs. 4,000/=.

    Please do let me know that whether the Payment of Gratuity Act, 1972 for the payment of Gratuity for the complete period of my service with ONGC was not having my eligibility to receive the full amount of garatuity for my more than 21 years of unblemished service with ONGC, for which during these hard times of my life I may request fo the Balance Payment with up to date interest.

    Appreciate your immediate comments and to know as to how to proceed further to receive my DUE.

    INDRA PRAKASH KATYAL
    D-1/ 65, Janakpuri
    New Delhi – 110058
    (M) 9899605564

  74. Narasimha says:

    Hi, i worked 4yr 260days in public limted company, i am elibible for gratuity or not so please help me

  75. Rajendra singh says:

    Hi, we hv nine year experience pls confirm can we claim gratuity, bcoz our company are paying only upper level employees, and we are in executive rank.

    Pls provide the claim agencies which can be fight with them.

    Regards / Rajendra

  76. Mr S.Vaz says:

    I have been employed with a MNC for the past 6 year,and we are just 3 employees .Am I entitiled for Gratuity

  77. Somnath C says:

    Dear All,

    In my appointment letter Gratuity is not mentioned. This is Private Limited company. I am working for 5 years 9 months and 19 Days. Am I eligible to get Gratuity amount. Or Do I need to apply somewhere?

    Please help me.

    Thanks to you all for this helpful discussion.

  78. franky says:

    Can the trust receive transfer from other group company trust?

  79. Lakshmi Kantha says:

    Can an organization have two group gratuity schemes separately for two different class of employees

  80. D. Raj. says:

    Dear sir,

    My CTC is arround Rs.18,000  with BA as 9800, HRA 7400 & CONVENE 800.
    SERVICE FOR 13 YRS.
    CAN YOU PLS LET ME HAVE FORMULA & FINAL GRATUITY WHICH CAN BE EXPECTED.
    THANKING YOU.

  81. Basudev Biswas says:

    I, am Basudev Biswas ia working more than six years in private company. Can i eligibility to get gratuity benefits

  82. O N Swaminathan says:

    Dear Sir(s),

    I would like to know what is the tenure for applicability of Gratuity. i.e. One Employee working in a private Sectory Company either Private Limited or Public Sector company for 25 years or on retirement age and then he leaves the company either by resignation or temination or retirement- in this case – seeking clarification – as to whether gratuity payment is paid to this employee for the whole years employed in the organisation or that he shall be entitled to receive only 20 years of Gratuity from the time of joining till completion of 20 years services in the same company and that remaining period of service years not taken into consideration – which please clarify.

    Thanking you and looking forward to your reply on swaami@mhe.elecon.com

  83. sanjeev kumar nanda says:

    Hi,

    After completion of 4 year and six months my company has liquidated,
    should I eligible for Gratuity.
    Is Completion of continuous service of five years is not necessary where the termination of employment is due to the liquadiations of company.My company was Joint venture of SAIL(Steel Authiority of India Limited) and UEC.

    Regards Sanjeev nanda

  84. T.Kanagaraj says:

    Dear sir,

    My CTC is arround Rs.19,000 But my basic found only Rs.4932 & all other amount are added in other allowance.For my gratuity calculation they are taken only basic ( No DA allowance given )So my gratuity is coming very low.

    pl advice

  85. Pankaj Bansal says:

    Dear Sir

    I am Pankaj Bansal from Hisar(Haryana) please clariffy me that there is any provision or not that the service tax will be charged or not on the Labour Services provided in education Institutes. if there is any provision then what is the percentage

  86. Clinton says:

    Please clarify whether Gratuity is a voluntary Payment made by the employer to the employee OR a statutory/ mandatory payment made by the employer to the employee ….

  87. zile says:

    I am a teacher in private school since 12 years. Now i joined another school. Am i entitled for gratuity.

  88. subin says:

    yaa you are eligible for gratuity

  89. SANJAY JANGAM says:

    Dear Sir,

    i am last 10 years working in propriety firm , of computer resales office , i am laibale to gratuity , please send me reply thanks

  90. Girish Kulkarni says:

    Sir,
    Is there any amendment in No. of days 15 to 25 in calculation of gratuity, under Gratuity act 1972.
    Now it is calculated as Basic+DA*15* no. days (service)/26. 

  91. Pradeep says:

    I am working in unaided educational institution from Feb 1988 as a office superintendent our institution covered under employees Provident Fund Act 1952 & affiliated with CBSE New Delhi. But Gratuity Act not available what is latest law for the institution.

  92. jignesh sheth says:

    It appears that GOVT HAS ISSUED GAZETTE NOTIFICATION ON 31.12.2009, BY AMENDNG THE TERM “EMPLOYEE”, THUS MAKING ‘TEACHERS/PROFESSORS” ELEIGIBLE FOR GRATUITY Wef; 03.04.1997. This amendment is mainly to include Teachers.But where the term’ Teachers’ is added in gratuity act, since some of the private school managements are after retired teachers to show the term ‘teachers’ in the act. any body can help please……

  93. Aniruddha Kolte says:

    ANY EMPLOYEE COMPLETED TENURE OF SERVICE 4 YEARS, 11 MONTHS & HAS RESIGNED. IS HE ELIGIBLE FOR GRATUITY????

  94. Rahulpreet Singh says:

    Dear Sir

    I have worked in the organisation from dated 15/11/2001 to 5/08/2011 , will i be elegible for the gratuity .

    I have submitted the resign dated 21/07/2011 for releaving dated 5/08/2011

    Regards
    Rahulpreet Singh

  95. Paresh Narkar says:

    ANY EMPLOYEE COMPLETED TENUARE OF SERVICE 4 YEARS, 6 MONTHS 11 DAYS..& RETIRED…HAS HE ELIGIBLE FOR GRATUITY????

  96. Ravi says:

    Then what is the limit of period to work ina a company to get gratuity?

  97. RAJESH KUMAR VERMA says:

    Is it correct that the amendment made in gratuity act for teachers, the calculation of gratuity for teachers has to be done treating their date of joining as april 1997 even if the teacher was serving say from from 1980? If this teacher retires in 2000 , is the teacher not entitled for gratuity as the teacher has not completed 5 years of service from 1997? Kindly clarify the amendment made in the act.

  98. Mukesh Sharma says:

    YOU ARE NOT APPLICABLE FOR GRATUITY..

  99. Snehal says:

    Hi,

    I have joined my commpany on 22nd May 2006 as a trainne(not on company’s payroll) and got confirmed on 1st January 2007 (on company’s pay roll). Every year from then on Gratutity forms a part of my CTC. Hence, I would like to check if I am eligible to get the gratuity amount if I resign on 1st April 2011. The notice period in my company is 3 months and hence If I resign on 1st April 2011, I would be relevied from my services on 31st June 2011. Please advice so that I can take my decision accordingly.

  100. KA Salian says:

    The term “teacher” is added in the gratuity amendment bill 2009. I have a copy of the same but do not know how to attache it. Whoever needs it, please send me a mail on id: krishnappa.salian@yahoo.in

  101. RAMESH JOSHI says:

    It appears that GOVT HAS ISSUED GAZETTE NOTIFICATION ON 31.12.2009, BY AMENDNG THE TERM “EMPLOYEE”, THUS MAKING ‘TEACHERS/PROFESSORS” ELEIGIBLE FOR GRATUITY Wef; 03.04.1997. This amendment is mainly to include Teachers.But where the term’ Teachers’ is added in gratuity act, since some of the private school managements are after retired teachers to show the term ‘teachers’ in the act. any body can help please……

    Read more: http://www.taxguru.in/income-tax/all-about-payment-of-payment-of-gratuity-act-1972-in-brief-including-the-recent-amendments.html/comment-page-1#comment-84856#ixzz0uu4lBNeU

  102. RAMESH JOSHI says:

    It appears that GOVT HAS ISSUED GAZETTE NOTIFICATION ON 31.12.2009, BY AMENDNG THE TERM “EMPLOYEE”, THUS MAKING ‘TEACHERS/PROFESSORS” ELEIGIBLE FOR GRATUITY Wef; 03.04.1997. This amendment is mainly to include Teachers.But where the term’ Teachers’ is added in gratuity act, since somof the private school managements are after retired to teachers to show the term ‘teachers’ in the act. any body can help please……

  103. k.l.arora says:

    The part time accountant is eligible for the Gratuity. if yes
    Kindly send the reply.
    Thanks

  104. Suresh says:

    Would like to know the initial period for eligibility to Gratuity. Whether an employee should be completed 5 years of service or a service of 4 yrs 6 months and above would be considered for payment of Gratuity?

  105. KA Salian says:

    There are may apppeals to the PM, President & Chief Justice of India made by the employees retired from private sector/PSU/Banks/LIC between 1.1.2006 to 23.5.2010 to issue fresh administrative orders to make the effective date as 1.1.2006 i.e. in line with government employees. Trust and hope that the injustice meted to senior citizens is rectified by the result of which these people shall get some reprive when the food inflation is in douible digits.

  106. somir chaudhary says:

    The Farmula should be as follows: Basic + DA (Wages Last drawn)* 15days/26days * number of years of continuous service (six months or less to be ignored and more than six months to be counted as full year)

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