Dear Sir, I was worked in a Pvt ltd company. My basic salary was Rs.17000/- per month. My PF contribution was Rs.2040/- month. I have only 8 months of service in this organization. Unfortunately, I met with an accident on duty and was permanently disabled. I filed a case for employee compensation against my employer. This is recently closed and got awarded amount also.
Till now I didn't know the gratuity rule. I have searched on the net and found that Gratuity is eligible for permanent disability also.
Please suggest which step shall I take for this. Is it really eligible for a gratuity amount? If yes, how much can I get? Please help me, sir.
Thank you
From India, undefined
Till now I didn't know the gratuity rule. I have searched on the net and found that Gratuity is eligible for permanent disability also.
Please suggest which step shall I take for this. Is it really eligible for a gratuity amount? If yes, how much can I get? Please help me, sir.
Thank you
From India, undefined
Dear Mr. Ramakrishna,
Whatever happened with you is very sad and can't explain in words.
As per POG Act, 1972:-
Payment of Gratuity.- (1) 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,
(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.
For the purposes of this section, disablement means such
disablement as incapacitates an employee for the work which he was capable of
performing before the accident or disease resulting in such disablement.
In the case of a monthly rated employee, the fifteen days'
wages shall be calculated by dividing the monthly rate of wages last drawn by
him by twenty-six and multiplying the quotient by fifteen.
On basis of above wordings you are entitle for 01 year Gratuity (08 months r/off to one year).
As per my calculations is comes to Rs. 9808.00 = (17000/26*15*1).
Pls check with your establishment, if they have taken insurance under the Act. You may get better gratuity amt.
Since you have already got Compensation, so I think Pension from ESI is not applicable to you. Otherwise ESI Pension is applicable in case of Death-Disability due to or during duty hours.
Senior and experts pls suggest more inputs, so that individual can get better Gratuity compensation.
From India, Delhi
225Whatever happened with you is very sad and can't explain in words.
As per POG Act, 1972:-
Payment of Gratuity.- (1) 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,
(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.
For the purposes of this section, disablement means such
disablement as incapacitates an employee for the work which he was capable of
performing before the accident or disease resulting in such disablement.
In the case of a monthly rated employee, the fifteen days'
wages shall be calculated by dividing the monthly rate of wages last drawn by
him by twenty-six and multiplying the quotient by fifteen.
On basis of above wordings you are entitle for 01 year Gratuity (08 months r/off to one year).
As per my calculations is comes to Rs. 9808.00 = (17000/26*15*1).
Pls check with your establishment, if they have taken insurance under the Act. You may get better gratuity amt.
Since you have already got Compensation, so I think Pension from ESI is not applicable to you. Otherwise ESI Pension is applicable in case of Death-Disability due to or during duty hours.
Senior and experts pls suggest more inputs, so that individual can get better Gratuity compensation.
From India, Delhi
You are entitled to gratuity and interest thereon beyond one month of termination of service. You can send an application to the employer claiming the gratuity amount and interest thereon. In case they are not responding favourably you can approach the Controlling Authority under the PGA 1972. (the Labour Officer of the local area)
From India, Mumbai
From India, Mumbai
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Form-14 Claim for Permanent Disablement Benefit.pdf