Gratuity - Will we consider his tenure as 6 years or 7 years as he has completed 6 years & 6 months and 18 days?

Madhu.T.K

4769

I hope Kumar has given the clarifications. I am afraid if there is any HR fraternity who does not know Mettur Bearsell's case on Gratuity but you are quoting it as if it is a new input. As said by Kumar, the case in reference is all about interpreting continuous service and to decide whether an employee who has not completed 5 years but has worked for 240 days in the fifth year would be eligible for gratuity. It has nothing to do with "treatment of fraction of service over 6 months."
11th June 2019 From India, Kannur

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jkapadia

If person has completed 4 years and 10 months is He/She is eligible for gratuity.
9th August 2019 From India, Pune

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RAHUL KUNWAR

Gratuity not Required Complete 5 years of Continuous Service.

By virtue of the judgment of the Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal, [(1980) (4) S.C.C. 433] - https://boardhr.blogspot.com/2019/09...e-5-years.html
20th August 2021 From India, Kolkata

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Anonymous

Dear All,

I have a query regarding the calculation of Gratuity. If an employee joined the company on 12.04.2018 and their last working day is 11.10.2024, would we consider their tenure as 6 years or 7 years? They have completed 6 years, 5 months, and 29 days. Please let me know.

Thank you.
19th November 2024 From India, Mumbai

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loginmiraclelogistics

1273

It appears he has completed exactly 6 yrs + 6 months and therefore 7 yrs of qualifying service for gratuity purpose. (12.4.2018 to 11.4.2024= 6 yrs + 12.4.24 to 11.10.24 is 6 months that’s it.)
19th November 2024 From India, Bangalore

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