Treatment of gratuity paid to employees

A. Applicability

The Working Journalists (Conditions of Service) and Miscellaneous Provisions Act, 1955 lays downs an elaborate scheme applicable to Working Journalists.

'Working Journalist' means a person whose principal avocation is that of a journalist and includes an leader-writer, news editor, sub-editor, feature-writer, copy-tester, reporter, correspondent, cartoonist, news- photographer, proof-reader, but does not include persons employed in managerial, administrative or supervisory capacity.

B. Who are entitled for Payment of Gratuity?

A working journalist will be entitled for payment of gratuity if he falls under any of the following categories:

1. Termination: The working journalist has been in continuous service for at least 3 years in any newspaper establishment and his services were terminated by the employer for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action;

2. Retirement: The working journalist has been in continuous service for at least 3 years in any newspaper establishment and he retires from the service on reaching the age of superannuation.

3. Resignation :

i. The working journalist has been in continuous service for at least 10 years in any newspaper establishment and voluntarily resigns from service on any ground whatsoever other than on the ground of conscience;

ii. The working journalist has been in continuous service for at least 3 years in any newspaper establishment and voluntarily resigns on the ground of conscience;

4. Death: The working journalist dies while he is in service in any newspaper establishment.

C. Who can claim?

1. In case of termination or retirement, the working journalist;
2. In the case of his death, his nominee or nominees, or
3. If there is no nomination in force at the time of the death of the working journalist, his family, as the case may be.
'Family' shall mean-

i. In the case of a male working journalist, his widow, children, whether married or unmarried, and his dependent parents and the widow and children of his deceased so.

However, a widow who was not legally entitled to be maintained by the working journalist shall not be deemed to be a member of his family.

ii. In the case of a female working journalist, her husband, children, whether married or unmarried, and the dependent parents of the working journalist or of her husband, and the widow and children of her deceased son.

Where the working journalist has expressed her desire to exclude her husband from the family, the husband and his dependent parents shall not be deemed to be a part of the working journalist' s family.

In either of the above two cases, if the child of a working journalist or of a deceased son of a working journalist has been adopted by another person and if under the personal law of the adopter, adoption is legally recognized, such a child shall not be considered as a member of the family of the working journalist.

D. What will be the amount of Gratuity?

1. The Gratuity payable shall be equivalent to 15 days' average pay for every completed year of service or any part thereof in excess of 6 months.

2. In case of working journalist referred to in point B.3.i. above, the maximum amount of gratuity payable shall be 12 and 1/2 months' average pay.

3. In case of working journalist working in a newspaper establishment wherein not more than 6 working journalist were employed on any day of the 12 months preceding the commencement of this Act, the gratuity payable shall be -

i. 3 days' average pay for every completed year of service or any part thereof in excess of six months, where period of past service does not exceed 5 years;

ii. 5 days' average pay for every completed year of service or any part thereof in excess of six months, where period of past service exceeds 5 years but does not exceed 10 years;

iii. 7 days' average pay for every completed year of service or any part thereof in excess of six months, where period of past service exceeds 10 years.