Hi,
I have a query pertaining to the timeline to claim Gratuity.
As per the Madras High Court verdict an employee can claim his / her Gratuity if has completed 240 days in his / her fifth year.
Please confirm the aforementioned.
I am herewith attaching the Madras High Court verdict for reference pls.
Regds,
Charu
From India, Delhi
48I have a query pertaining to the timeline to claim Gratuity.
As per the Madras High Court verdict an employee can claim his / her Gratuity if has completed 240 days in his / her fifth year.
Please confirm the aforementioned.
I am herewith attaching the Madras High Court verdict for reference pls.
Regds,
Charu
From India, Delhi
Dear Charu ji,
Madras High Court verdict is not binding on you in Delhi or any State other than Madras.
According to me, If employer from any State other than Madras deny the gratuity claim under the ground the employee has rendered continuous service for less than five years, the employee need to follow the due course of law to get the gratuity.
But I suggest the employers to pay the gratuity under the circumstances you mentioned in your posting.
Other members are requested to make their comments in this matter.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
Madras High Court verdict is not binding on you in Delhi or any State other than Madras.
According to me, If employer from any State other than Madras deny the gratuity claim under the ground the employee has rendered continuous service for less than five years, the employee need to follow the due course of law to get the gratuity.
But I suggest the employers to pay the gratuity under the circumstances you mentioned in your posting.
Other members are requested to make their comments in this matter.
Thanks and regards.
Keshav Korgaonkar
Shantadurgaent.com,Insurance Advisors,Corporate Advisors,Legal Advise,Wage and salary,Shantadurgaent.com,Labour Compliance Audit,SSI registration,NOC from
From India, Mumbai
HI, As per Gratuity Act, employee has to complete five years of service to become eligible for gratuity. Even it is short by one day, employee will not be eligible for gratuity. Regards, U S Rauthan
From India, Indore
From India, Indore
I am in complete agreement with the comments of Mr. U S Rauthan. Please consider the Madras High Court judgement in the context it has been passed.
From India, Hyderabad
From India, Hyderabad
Dear Sir There being express provision of section 2A of continuous service, there is no scope for interpretation.
From India, Pune
From India, Pune
Hi,
I am making it clear as;
1. Five years of service is considered from the date of joining up to the date of leaving of service.
2. The matter of 240 days is considered to decide continuous service.
3. Therefore, if an employee works for four years and 240 days, it is not compulsory that he/she is eligible for gratuity.
4. On the date of leaving he / she should have completed total five years of service.
Regards,
U S. Rauthan
From India, Indore
I am making it clear as;
1. Five years of service is considered from the date of joining up to the date of leaving of service.
2. The matter of 240 days is considered to decide continuous service.
3. Therefore, if an employee works for four years and 240 days, it is not compulsory that he/she is eligible for gratuity.
4. On the date of leaving he / she should have completed total five years of service.
Regards,
U S. Rauthan
From India, Indore
Dear Team,
Recently I have come across query pertaining to Eligibility to claim Gratuity. So thought to restart the thread once again as there are mixed response on the same.
I request all the seniors to share the actual facts on the aforementioned please. As my DOJ with the earlier company was 14.08.2006(2nd & 4th Saturdays were off) and later to another company within the same group where all the Saturdays were working. My LWD was 11.05.2011.
Please help me in understanding about my eligibility of claiming the gratuity.
From India, Delhi
Recently I have come across query pertaining to Eligibility to claim Gratuity. So thought to restart the thread once again as there are mixed response on the same.
I request all the seniors to share the actual facts on the aforementioned please. As my DOJ with the earlier company was 14.08.2006(2nd & 4th Saturdays were off) and later to another company within the same group where all the Saturdays were working. My LWD was 11.05.2011.
Please help me in understanding about my eligibility of claiming the gratuity.
From India, Delhi
I will complete my 7yrs I will recv the full payment of p.f account but co.denied to pay our graduity fund (total 12 staff are resigned the job everyone recv the p.f amt.but co.deny the graduity amt.)therefore,pls advise.to claim the graduity fund in labour court.pls give full advise to me.
From India, Neral
From India, Neral
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FORM-F-NOMINATI ON OF GRATUITY.pdf
Gratuity Form I.doc