Dear Khola ji,
is there any provision in the depth of payment of gratuty act.1972 in that any type of short entitlement for the service is conciderable.
As one of my know had resigned his service at the time when he is near to complete his 5th year of continious service. He had resigned at the service tenure of 4 years and 11 months after his completion of job.
thenks
Neeraj
From India, Delhi
is there any provision in the depth of payment of gratuty act.1972 in that any type of short entitlement for the service is conciderable.
As one of my know had resigned his service at the time when he is near to complete his 5th year of continious service. He had resigned at the service tenure of 4 years and 11 months after his completion of job.
thenks
Neeraj
From India, Delhi
Dear Mr. Khola, I calculated Gratuity amount as follows : Basic Salary + D.A (if any) / 26 *15*No. of years completion. Regards Rohit
From India, New Delhi
From India, New Delhi
Dear Neeraj,
Strictly according to the P G Act, 1972 we must complete five years of continuous service with the same employer but at the same time according to the Judgement of the Hon'ble Madras High Court an employee is entitled to receive gratuity if he completes his 240 days of service in the fifth year of service. Members have time again attached this judgement for information of other members & therefore go through this judgement for finalization of your query. I hope that the Controlling Authorities under PG Act Gurgaon area are also considering this judgement while deciding the issue of gratuity.
[SIZE=1]R.N.KHOLA
(M)09810405361[COLOR=#3366ff][FONT=Verdana]
From India, Delhi
363Strictly according to the P G Act, 1972 we must complete five years of continuous service with the same employer but at the same time according to the Judgement of the Hon'ble Madras High Court an employee is entitled to receive gratuity if he completes his 240 days of service in the fifth year of service. Members have time again attached this judgement for information of other members & therefore go through this judgement for finalization of your query. I hope that the Controlling Authorities under PG Act Gurgaon area are also considering this judgement while deciding the issue of gratuity.
[SIZE=1]R.N.KHOLA
(M)09810405361[COLOR=#3366ff][FONT=Verdana]
From India, Delhi
It is mandatory to complete 5 years at first instance. Then, one has to put in 240 days in every year to be paid. If someone does not complete 240 days, he/she cannot claim gratuity for that year.
Regards
Murali
From India, Chennai
Regards
Murali
From India, Chennai
Dear Khola There is confusion agn me Whether we pay or not if the person has been by his illlegal thinks? Somebody posted opp. 2 u?? Then oly I ask the same agn pls. Regards, sukumar Mob: 09842023923
From India, Mumbai
From India, Mumbai
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SBT Vs Asst. Labour Commissioner- Gratuity dismissed employee-LTS.PD F
FORM I(Application for Gratuity by an employee).doc