Hi All! A retired Government Employee who has drawn gratuity and drawing pension was recruited as professor in our educational institution. He has presently served 11 years of service. As a person who has already taken retirement benefits of gratuity, pension in Government's service, is he entitled for pension and gratuity payments now?
From India, Vijayawada
1From India, Vijayawada
Did the poster pay salary to the retired person who is also a pensioner for the service rendered by him to the educational institution?
If the answer is ' Yes ', then the same analogy applies to payment of gratuity also .
Drawing pension for the services rendered under the Government cannot be a disqualification for his reemployment in any private institution. Gratuity is a statutory payment payable to the employee by the employer on account of termination of his employment after completion of the prescribed minimum qualifying service. How can a subsequent employer derive the benefit of not paying gratuity just because the employee derived the same benefit from someone else?
Even if the employer had paid gratuity to the employee on attaining the age of superannuation, if he re-employs the same employee, it is a different spell of service entitling him to gratuity when he completes the minimum qualifying service during the subsequent spell and resigns or sent out by the employer for whatever reason other than dismissal for any moral turpitude or riotous behaviour.
From India, Salem
If the answer is ' Yes ', then the same analogy applies to payment of gratuity also .
Drawing pension for the services rendered under the Government cannot be a disqualification for his reemployment in any private institution. Gratuity is a statutory payment payable to the employee by the employer on account of termination of his employment after completion of the prescribed minimum qualifying service. How can a subsequent employer derive the benefit of not paying gratuity just because the employee derived the same benefit from someone else?
Even if the employer had paid gratuity to the employee on attaining the age of superannuation, if he re-employs the same employee, it is a different spell of service entitling him to gratuity when he completes the minimum qualifying service during the subsequent spell and resigns or sent out by the employer for whatever reason other than dismissal for any moral turpitude or riotous behaviour.
From India, Salem
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc