HI
I have completed 4 years 11 months & 23 days in a LTD company governed under Payment of Gratuity act 1972. is am eligible for gratuity ? or not ?
I have gone through an article which says that Eligibility for payment of gratuity is 5 years and also read some article which says that as per supreem court Eligibility of 4 year 8 months Service will be consider full year if some one has completed 4 year 8 months month or more than that.
Pl advice to me regarding my eligibility of payment of Gratuity.
From India, Hyderabad
I have completed 4 years 11 months & 23 days in a LTD company governed under Payment of Gratuity act 1972. is am eligible for gratuity ? or not ?
I have gone through an article which says that Eligibility for payment of gratuity is 5 years and also read some article which says that as per supreem court Eligibility of 4 year 8 months Service will be consider full year if some one has completed 4 year 8 months month or more than that.
Pl advice to me regarding my eligibility of payment of Gratuity.
From India, Hyderabad
9
Dear Srikanth Pl.go thro' lots of posts on similar query in this citeHR. Yes, with 4 yrs plus 240 days is eligible for gratuity. kumar.s.
From India, Bangalore
From India, Bangalore
Dear Srikanth
You are eligible for getting gratuity if you have completed 240 days in 5th year. An employee rendering continuous service for a period of 4 years and 240 days in the 5th year will be deemed to have continued in service for 5 years as stipulated by section 2A of the Act and hence shall be eligible for Gratuity as per the Judgment of Madras High Court (1998 LLR 1072).
thnx
Subrata Singha
From India, Calcutta
You are eligible for getting gratuity if you have completed 240 days in 5th year. An employee rendering continuous service for a period of 4 years and 240 days in the 5th year will be deemed to have continued in service for 5 years as stipulated by section 2A of the Act and hence shall be eligible for Gratuity as per the Judgment of Madras High Court (1998 LLR 1072).
thnx
Subrata Singha
From India, Calcutta
he gratuity eligibility service as per Gratuity Act 1972 is 5 years But as per the judgment from Supreme Court below-
"Judgment from Supreme Court:
"Yes, by virtue of the judgment of 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)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 8 months is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
From India, Kota
"Judgment from Supreme Court:
"Yes, by virtue of the judgment of 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)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 8 months is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
From India, Kota
An employee who has put in his service for a period of 240 days in fifth year will be deemed to have continued in the service for 1 year. Mettus Beardsell Ltd., Madrs Vs. RLC(C) 1998 LLR 1072(Mad)
From India, Kota
From India, Kota
Dear Mr.Srikanth,
Nothing to worry .
You are entitled for getting Gratuity , as per provisions of the payment of Gratuity Act.
You may refer the judgement of Hon'ble Madras High Court wherein is clealy mentioned that if an employee is rendering continuous service for a period of four years and completes 240 days in fifth year, the emeployee will be deemed to have continued in service of five year. And accordingly the employee is entitled for gratuity.
Thks,
Anil Sharma
From India, Pune
Nothing to worry .
You are entitled for getting Gratuity , as per provisions of the payment of Gratuity Act.
You may refer the judgement of Hon'ble Madras High Court wherein is clealy mentioned that if an employee is rendering continuous service for a period of four years and completes 240 days in fifth year, the emeployee will be deemed to have continued in service of five year. And accordingly the employee is entitled for gratuity.
Thks,
Anil Sharma
From India, Pune
Dear Srikant
In my Experience the completion of 240 days working is enough in the Fifth year to be eligible for Gratuity. Even though your employer states that your not fulfilling 5 years you have to challenge it before the Controlling Authority first making a request to your employer and then by a reminder and then by submitting Form N under the Payment of Gratuity Act, to the controlling Authority. thanks
From India, Pondicherry
In my Experience the completion of 240 days working is enough in the Fifth year to be eligible for Gratuity. Even though your employer states that your not fulfilling 5 years you have to challenge it before the Controlling Authority first making a request to your employer and then by a reminder and then by submitting Form N under the Payment of Gratuity Act, to the controlling Authority. thanks
From India, Pondicherry
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