Hi...you will be not eligible for Gratuity coz 5 years of service is compulsory. you can not treat as 4.8 as count
i.e if any girls age is 17.8 ( 17 years& 8months ) then she will not treated as 18 and get married.
it must to be complete 18 age.
Thnx...
From India, Ahmadabad
i.e if any girls age is 17.8 ( 17 years& 8months ) then she will not treated as 18 and get married.
it must to be complete 18 age.
Thnx...
From India, Ahmadabad
Mr Mukesh,
I do not understand relevance of comparing age of 17.8 with 4.8 of gratuity qualification.
Anyway here i present my data from a lawyer's site -
"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 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
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)
For further clarifications you can follow the link - Clarity between gratuity eligibility service (5 or 4.8 yrs)? - Labour & Service Law Forum - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers
Hope that clarifies the doubt that any person who has worked a minimum period of 4 years and 240 days is eligible to gratuity amount
From India, Mumbai
737I do not understand relevance of comparing age of 17.8 with 4.8 of gratuity qualification.
Anyway here i present my data from a lawyer's site -
"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 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."
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)
For further clarifications you can follow the link - Clarity between gratuity eligibility service (5 or 4.8 yrs)? - Labour & Service Law Forum - Law, Lawyers, Advocates, Law Firms,Legal Help, Legal Experts,Judgements,Law Help, Indian Lawyers
Hope that clarifies the doubt that any person who has worked a minimum period of 4 years and 240 days is eligible to gratuity amount
From India, Mumbai
Dear All,
I worked with Hyderabad based Healthcare IT industry (KPO) company for 8 years and relived on 31st of March'19 till now i have not received my Gratuity (My last Basic is 17,800) and I got reliving letter for this period. HR said we will credit your gratuity in your account directly after a month, its not happened. Now two months over, no response with emails or calls as well messages from HR. So, I thought they are trying to refusing my gratuity.
Finally I decided go through the legally. Please help me out how to file the case against employer.
My query is just give me any hint to take any necessary action for the same.
Regards,
Pratap Reddy
From India, Hyderabad
I worked with Hyderabad based Healthcare IT industry (KPO) company for 8 years and relived on 31st of March'19 till now i have not received my Gratuity (My last Basic is 17,800) and I got reliving letter for this period. HR said we will credit your gratuity in your account directly after a month, its not happened. Now two months over, no response with emails or calls as well messages from HR. So, I thought they are trying to refusing my gratuity.
Finally I decided go through the legally. Please help me out how to file the case against employer.
My query is just give me any hint to take any necessary action for the same.
Regards,
Pratap Reddy
From India, Hyderabad
Hi
At the time of relieving have you made a request in writing to your employer?
Whether yes or no again please send a request letter. Employer has to settle gratuity within 30 days from the date of relieving. However some companies take time to settle. In case of no response from the employer call your HR and find out. As a last measure you can file the case with Assistant Commissioner of Labour of your jurisdiction. This is as per the Act
From India, Madras
At the time of relieving have you made a request in writing to your employer?
Whether yes or no again please send a request letter. Employer has to settle gratuity within 30 days from the date of relieving. However some companies take time to settle. In case of no response from the employer call your HR and find out. As a last measure you can file the case with Assistant Commissioner of Labour of your jurisdiction. This is as per the Act
From India, Madras
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Payment of Gratuity Act, 1972 & The Rules.ppt
FORM - F (TN Payment of Gratuity Rules, 1973).xls
Surendra_Kumar_ Verma_Etc_vs_Th e_Central_Gover nment_on_23_Sep tember_1980 Gratuity payable 4 years.pdf