About gratuity benefit to contractual employees.

Question

Good Afternoon SirOne of my relative is a Punjab Government contractual employee. Her appointment by proper advertisement and fulfilling of terms a condition. At the time of getting job terms and conditions signed by her as per requirement of government that the employees are not eligible for gratuity, gpf etc. benefits. As per my knowledge that even in private sector govt. implement compulsory gratuity in case of 5 years regular service. In her department more that 100 (approx.500) employees and department not given gratuity to any.
Now I come to the point that she expired in July 2023 due to cancer. The attendance in register regularly mark as leave till date of death. Before death she was on without pay more that 18 months and send application with medical certificate regularly. Till now her service is more that 10 years and before treatment her regular service till that she continue office is more that 9 years.

Now please guide can family claim gratuity through legal way, because department denied due to they mentioned in at the time of joining.

Answer ( 1 )

    0
    2023-08-14T08:00:28+05:30

    Gratuity can be claimed in your fact situation. Send a legal notice seeking gratuity and challenging the terms being against the settled law as the contract terms cannot be such even if signed to take away what is legally permissible under the law.
    Serve a legal notice through an advocate. If they dont pay or respond, file appropriate suit in appropriate forum.

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