Gratuity act

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This query is : Resolved

SHALINDER JOSHI (Querist)

02 November 2012 1. Mr X retire from PSU after completing his service at the age of 58 year & Gratuity was paid to him. After retiremenr he rejoined the PSU as a contractual employee & completed 5 years as a contractual employee. In this case whether gratuity is payable to him further or company is liable to pay gratuity to him if he rejoined the company after retirement. kindly mention the applicable section of the Gratuity Act.

@VaibhavJ

@VaibhavJ (Expert)

02 November 2012 Hi

He can claim gratuity once he has completed 5 yrs.

To proove resignation there should be minimum break of 2 weeks & new employee ID should be assigned to him.

There is no such specific section against the same.

Rgds//Vaibhav
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SHALINDER JOSHI

SHALINDER JOSHI (Querist)

07 November 2012 But here he is not resigned but retired after completing his full services & thereafter the company reemployed them on contract on yearly basis & completed 5 years on contract basis.

@VaibhavJ

@VaibhavJ (Expert)

07 November 2012 Hi,

Yes in that case also he can claim.

Thanks

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