Gratuity

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srikantpradhan (Querist)

19 March 2015 an employee who works in establishment that was covered under the payment of gratuity 1972 but after 5 year he changed his job to an other company that establishment not covered under the POGA 1972 . is the employee eligible for gratuity after retire ment , superanuation

Amol S Joglekar

Amol S Joglekar (Expert)

19 March 2015 Yes. Once the employee completes 5 years of service, he is entitled to receive gratuity once he leaves that company.

srikantpradhan

srikantpradhan (Querist)

19 March 2015 ok but i am asking the employee is eligible for gratuity from the later organisation if that organisation is not covered under the payment of gratuity act 1972

Amol S Joglekar

Amol S Joglekar (Expert)

20 March 2015 I think I am NOT understanding your query. Still, let me try

The gratuity shall be made exempt as per sec 10, whether or not Payment of Gratuity Act is applicable.

srikantpradhan

srikantpradhan (Querist)

20 March 2015 i am asking that the person once he covered under POGA 1972 but later on he left the organization and joined in another company and the same company is not covered POGA 1972 is he is able to collect the gratuity from the later organization after working for 5 years with the later company
my question is he can claim gratuity from the later organisation

Amol S Joglekar

Amol S Joglekar (Expert)

20 March 2015 Yes. That is what I have been trying to tell you in a LEGAL language. He can claim exemption as provided in section 10.

srikantpradhan

srikantpradhan (Querist)

20 March 2015 thank you sir for the sponteneous answer

Amol S Joglekar

Amol S Joglekar (Expert)

20 March 2015 You are most welcome.
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