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Respected Sir,
I retired from Victory Precisions Pvt Ltd, Chakan MIDC, Pune on 31st Aug’16. I joined this company on 12th Feb, 2011 i.e at the age of 59 years ( My DOB= 04/12/1951). Thus, I had completed more than 5 & half years continuous service in Victory Precisions Pvt Ltd. After retirement, I had followed up with the management for getting gratuity. I was denied for the same on the following grounds. I want to seek your legal advice, opinion or my rights regarding my eligibility to get the gratuity.
The company management’s stand is that, company had taken a Group Gratuity Pension Scheme policy from LIC and the said policy covers the employees having age between 18 to 57 years only. Employee above upper age limit i.e 58 years is not covered under this policy & hence gratuity is not payable. Company management also says that, above 60 years of age, gratuity is not payable.
Is management’s stand legal? What about the employees having joined the company after their age of 58 or above.? The company has employed me for more than five & half years in their service & I had sincerely put my energies to the best extent.
Pl guide me whether my case is valid to claim gratuity & if yes, is there any govt authority or body with whom I can take it up?.
With Regards,
Ganesh D Mate
Cell No: 9766983957
Hi Ganesh,
You are every much eligible for gratuity. In Gratuity Act the definition of employee does not mention about age limit.
Please refer following definition as per Act:
(e) “employee” means any person (other than an apprentice) employed on wages 2*** in any establishment, factory, mine, oilfield, plantation, port, railway company or shop, to do any skilled, semi- skilled, or unskilled, manual, supervisory, technical or clerical work, whether the terms of such employment are express or implied, 3*[and whether or not such person is employed in a managerial or administrative capacity, 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.]
Your company must have covered gratuity liability through LIC but you should be paid gratuity either by LIC or by company.
You can send them a letter mentioning above. Ask them to send reply in writing. If it is still un resolved then approach Labour Department.
Also, for going forward, request you to please write to us at our forum.
Link below:
http://www.hrsuccesstalk.com/forum
Also you can download the Gratuity Bare Act from following link:
http://hrsuccesstalk.com/forum/Thread-Payment-of-Gratuity-Act-1972
Hello,
I am in initial career of HR in the corporate. Need advice from you all for the treatment of Privilege leaves in the corporate for both excess and negative cases.
Thanks in anticipation.