if any employee has completed 4 years and 10 months and left the job, he will be eligible for gratuity or not? have any judgement?
From India, Chandigarh
From India, Chandigarh
Dear Mr.Satish
An employee who has completed 4 years and 10 months and left the job will be entitled to get gratutity if he had worked for 240 days in each of the four years and also for 240 days in the ten months after four years.
With regards
From India, Madras
169An employee who has completed 4 years and 10 months and left the job will be entitled to get gratutity if he had worked for 240 days in each of the four years and also for 240 days in the ten months after four years.
With regards
From India, Madras
if he compleated 4 years 5 months 15 days can be considered as 5 years & he is entitled for gratuity
From India, Coimbatore
From India, Coimbatore
Dear Mr Dineshpillai If he had worked for 4 years 5 months and 15 days, he would not have completed 240 days during the last year and therefore will not be entitled to get gratuity. With regards
From India, Madras
From India, Madras
Harikrishnan Sir’s reply is the correct rule. The employee needs to have worked for 240 days in the fifth year to be eligible.
From Netherlands
From Netherlands
Dear Challagolla,
Any employee who has completed 4 years and 240 days is eligible for gratuity as per the Different High Courts and Supreme Court. 240 days working in an year makes it a whole year of service as per the Law of Land.
From India, New Delhi
Any employee who has completed 4 years and 240 days is eligible for gratuity as per the Different High Courts and Supreme Court. 240 days working in an year makes it a whole year of service as per the Law of Land.
From India, New Delhi
As per the Madras High Court judment (1998 LLR 1072) if a person works for 4 years and 10 motnhs, he would have completed 5 continuous years of service (assuming he worked for 240 days in the preceding 12 months) and the person would certainly be entitled to Gratuity. In case he is working in an establishment that is working 5 days a week, instead of 240 days, you would need to factor in 190 days as the basis for deciding completed year of service. Days on which he was sick or on authorised leave would also be counted as days worked. A person having worked for 4 years and six months (less than 240/190 days) would certainly not be eligible to Gratuity.
Dr. R. Krishna Murthy
From India, Mumbai
Dr. R. Krishna Murthy
From India, Mumbai
If he is complete 4 years 6 months itself He is eligible for gratuity. or he should have completed 240 for past 4 years he is eligible include total number of Government holidays and week holidays .I hope it is useful
From India, Coimbatore
From India, Coimbatore
R/Sir, I have worked as Lecturer from 01-08-2001 to 20-07-2011 in Self finance polytechnic run by trust in haryana. is I am eligible to get gratuity under gratuity act
From India, Haridwar
From India, Haridwar
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc