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Gratuity

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(Querist)
18 February 2012 Hod do you calculate the gratuity liability to an employee who had died at the age of 40 during the working hours after completion of 10 years of service. The retirement age as per appoint letter is 58.

What will be the service period? Is it 10 or 28?
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CA Sumat Singhal

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CA Sumat Singhal (Expert)
18 February 2012 Gratuity shall be payable to an employee on the termination of his employment after he has rendered continuous service for not less than five years, -
(a) on his superannuation, or
(b) on his retirement or resignation, or
(c) on his death or disablement due to accident or disease:
Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement:

SERVICE PERIOD WILL BE ACTUAL COMPLETED YEAR OF SERVICES I.e. 10 years not 28
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