pension - joined up state govt Office pension - joined up state govt Office

6 months ago

I join uptron on 1984. After sick uptron i joined up state govt. Office in 2002 on contract/bodyshoping through government orders. I absorb on Sept 2005. I got gpf no. On 2006. Gpf deduction start on Sept.2006. I got acp on 2012 and 2018. But after retirement on june 2023 we got only gratuity from Sept. 2005 without any pension. Pl. Suggest me how we got pension.

Legal Counsel Vidhikarya

Responded 6 months ago

View All Answers
A.Dear Client,
With the enactment of the Payment of Gratuity Act, 1972, gratuity payment has become mandatory for the establishment where it is applicable. A gratuity must be paid to an employee upon cessation of employment if he or she has rendered continuous service for five years or more, according to Section 4(1) of the Payment of Gratuity Act of 1972. Section 4(2) of the Act provides that for every completed year of service or part thereof in excess of 6 months, the employer shall pay gratuity to an employee at the prescribed rates. According to section 2A of the Act, an employee is said to be in continuous service for a period if he has for that period been in uninterrupted service including service which may be interrupted on account of accident, sickness, leave, absence from duty without leave, layoff, strike or a lock-out or cessation of work not due to any fault of the employee. In view of the above proposition of law, when you rendered uninterrupted and continuous service for much more than 5 years in an establishment including your contractual period, you are eligible for payment of gratuity counting the length of service from the date of your initial employment to the date of your retirement from your employer/establishment. In case of any anomaly or discrepancy, reach out with an application to the office of the concerned Labour Commissioner who is the Controlling Authority under the Payment of Gratuity Act, 1972 for redressal of your grievance, if any.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 6 months ago

View All Answers
A.Dear Client,
Typically, you need to have a minimum number of years of service to qualify for a pension. Get in touch with the relevant department or authority within the state government office where you worked to inquire about your pension status. They should be able to provide you with information on your pension eligibility. Ensure that your GPF (General Provident Fund) contributions were regularly deducted and deposited. This is important as your pension is often calculated based on the contributions made during your service.
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconAccountant in a production house
Dear Client, The relationship between a probationer and the employer is also governed by the terms of the contract of employment or offer letter. A Probationer is not treated as an employee in the pe...
question iconNot paid the April month salary
Dear Client, In the prevailing situation, after serving a legal notice for the cause, a complaint against the School Management can be lodged over non-payment of salary to the National Council of Teac...
question iconSalary deduction for not serving notice period
Dear Client, It is very tricky situation when there is no formal agreement signed between employer and employee but it becomes an implied oral contract,if want to be taken then send a legal notice t...
question iconLess Full and final settlement
Dear Sir Please approach the following authority or similar authority in a state The Office Commissioner of Labour Karmika Bhavan, Dairy Circle, Bannerghatta Road, Bangalore-29. 080-29753078 labou...
question iconAlready Served 10 Days Out Of 15 Days Notice Period, But Have Still Not Got LWD.
Dear Client, Please go through the terms and conditions of your employer employee contract once again and understand whether your release letter depends on the service company. if it does not then y...