Hi, you will not be eligible for Gratuity because 5 years of service is compulsory. You cannot treat it as 4.8 as a count. For example, if a girl's age is 17.8 (17 years and 8 months), she will not be treated as 18 and can get married; it must be a complete 18 years of age.
Thank you.
From India, Ahmadabad
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Thank you.
From India, Ahmadabad
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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
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754I 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
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Dear All,
I worked with a Hyderabad-based Healthcare IT industry (KPO) company for 8 years and was relieved on the 31st of March '19. Till now, I have not received my Gratuity (My last Basic is 17,800), and I got a relieving letter for this period. HR said they would credit my gratuity in my account directly after a month, but it has not happened. Now, two months have passed, and there has been no response to emails, calls, or messages from HR. I suspect they are trying to refuse my gratuity.
Finally, I have decided to pursue legal action. Please advise me on how to file a case against my employer. My query is to provide me with any hints to take necessary action.
Regards,
Pratap Reddy
From India, Hyderabad
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I worked with a Hyderabad-based Healthcare IT industry (KPO) company for 8 years and was relieved on the 31st of March '19. Till now, I have not received my Gratuity (My last Basic is 17,800), and I got a relieving letter for this period. HR said they would credit my gratuity in my account directly after a month, but it has not happened. Now, two months have passed, and there has been no response to emails, calls, or messages from HR. I suspect they are trying to refuse my gratuity.
Finally, I have decided to pursue legal action. Please advise me on how to file a case against my employer. My query is to provide me with any hints to take necessary action.
Regards,
Pratap Reddy
From India, Hyderabad
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Hi,
At the time of relieving, have you made a request in writing to your employer? Whether yes or no, please send a request letter again. The 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 the Assistant Commissioner of Labour of your jurisdiction. This is as per the Act.
From India, Madras
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At the time of relieving, have you made a request in writing to your employer? Whether yes or no, please send a request letter again. The 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 the 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