Dear Friend,
As an aspirants for gratuity, job change you consider yourself eligible for gratuity as some one gave an information.
The law says, one is eligible for gratuity after completion of 5 years of service. It is neither me nor any members of the forum would not cahnge the law and act to make one eligible.
There is no issue if your employer is considering to pay you gratuity is a welcome decission or other wise complete 5 years service to receive gratuity and leave. Knock the door of court, if not for 4.8 years.
From India, Mumbai
589As an aspirants for gratuity, job change you consider yourself eligible for gratuity as some one gave an information.
The law says, one is eligible for gratuity after completion of 5 years of service. It is neither me nor any members of the forum would not cahnge the law and act to make one eligible.
There is no issue if your employer is considering to pay you gratuity is a welcome decission or other wise complete 5 years service to receive gratuity and leave. Knock the door of court, if not for 4.8 years.
From India, Mumbai
Learned HR Professionals,
On this Forum I am learning new things every time about Gratuity eligibility on 4 years & 8 months / 4 years & 240 days and so on.
This matter is well discussed on this forum on many occasions.
If there is such an amendment namely, Payment of Gratuity (second amendment) Act, 1984 clarifying if an employee complets 4 years 8 months of service, he is eligible for gratuity, then what is discussed up till now has no meaning. Even the case laws discussed are nullity or void.
I concur with our learned Prabhat ji to some extent. What he said is not applicable in TN and Kerala.
From India, Mumbai
On this Forum I am learning new things every time about Gratuity eligibility on 4 years & 8 months / 4 years & 240 days and so on.
This matter is well discussed on this forum on many occasions.
If there is such an amendment namely, Payment of Gratuity (second amendment) Act, 1984 clarifying if an employee complets 4 years 8 months of service, he is eligible for gratuity, then what is discussed up till now has no meaning. Even the case laws discussed are nullity or void.
I concur with our learned Prabhat ji to some extent. What he said is not applicable in TN and Kerala.
From India, Mumbai
The gratuity will be paid based on date of joining and completion of years of service. It is not based on 4 yrs and 216 days. If the person crosses 5 years of service within that 216 days, then he need to be paid, i.e, based on the date of joining of an employee, the day when he completes 5 years of service, he will be eligible to get the gratuity. But whereas the calculation will be rounded off to the next higher or lower fraction after his 5 yrs completion. So no one will be eligible to get gratuity if he is not completed 5 years of service.
The gratuity will be paid when an employee dies before completion of 5 years service, and will be paid to the dependent family member or nominee
Deepak Pawar
PUNE
From India, Pune
The gratuity will be paid when an employee dies before completion of 5 years service, and will be paid to the dependent family member or nominee
Deepak Pawar
PUNE
From India, Pune
Dear Learned Contributors,
There has been instances and court verdicts wherin the claim of Gratuity was approved upon completion of a continuous service of 4 years and 240 days also. The case of Mettur Beardshell Ltd Vs RLC as decided by the honorable Madras High Court in 1987; is submitted as precedent, while in many cases the judgement went against the aforesaid. Hence there is a probability that court may deem completion of 4 years and 240 as eligible for Gratuity payment. Attached is an extract of the same.
Regards
Rahul Chhabra
From India, Delhi
There has been instances and court verdicts wherin the claim of Gratuity was approved upon completion of a continuous service of 4 years and 240 days also. The case of Mettur Beardshell Ltd Vs RLC as decided by the honorable Madras High Court in 1987; is submitted as precedent, while in many cases the judgement went against the aforesaid. Hence there is a probability that court may deem completion of 4 years and 240 as eligible for Gratuity payment. Attached is an extract of the same.
Regards
Rahul Chhabra
From India, Delhi
Dear Anil ji,
Greetings!
This forum is an open forum and any one is free to write here any thing.
You are HR Professional. HR Professional is supposed to be an expert above all. HR Professional while talking or writting any thing should be very careful & studious, particularly when he use the title as HR Professional.
I am very sorry to say it here that I have to tell this to HR Professional. You need to study the PoG Act, rules and case laws thereunder.
Please bear in mind that we are here to discuss the law and not the practise you adopted. One can have different view in certain matter but it should be supported with logical reasoning.
I am here to learn from the members like you.
From India, Mumbai
Greetings!
This forum is an open forum and any one is free to write here any thing.
You are HR Professional. HR Professional is supposed to be an expert above all. HR Professional while talking or writting any thing should be very careful & studious, particularly when he use the title as HR Professional.
I am very sorry to say it here that I have to tell this to HR Professional. You need to study the PoG Act, rules and case laws thereunder.
Please bear in mind that we are here to discuss the law and not the practise you adopted. One can have different view in certain matter but it should be supported with logical reasoning.
I am here to learn from the members like you.
From India, Mumbai
Dear members, rightly said by Mr Keshav Korgaonkar. Preferably we should talk about the law as drafted in the Act. However, there could be different scenario in any particular case, that doesn't mean change in law. I very well explained the matter of 04 years 240 days (08 months) on thread No. #07, which was appreciated by Mr KCS Kutty as well. Still many members mentioned it as a law / eligibility. Be it very clear there is no Amendment issued in the Act. As per the act still gratuity is payable after completing 05 years continuous service (in general case), however in case of death and disability the 05 years condition not applicable.. Hope senior member agree my point or correct me, if I am wrong...
From India, Delhi
From India, Delhi
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From Ukraine
From Ukraine
Dear Anish,
Eligibility is 5 Years continuous service is the criteria for eligibility not essential for detail and disablement - Example. if a person has worked for 5 years and 6 months, it is deemed 6 years service and less than 6 months not to be considered.
Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will entitled to gratuity on completion of continuous service of 5 years and while clarifying the 5 years complete service, Andhra Pradesh High Court in P. Raghuvulu and Sons v. Additional Labour Court , [1985] , had held that the minimum period for becoming eligible for payment of gratuity should not be less than 5 years since it should be complete 5 year service.
Thanks,
Baban Patil.
Cheers!
From India, Mumbai
Eligibility is 5 Years continuous service is the criteria for eligibility not essential for detail and disablement - Example. if a person has worked for 5 years and 6 months, it is deemed 6 years service and less than 6 months not to be considered.
Section 4 of the Payment of Gratuity Act, 1972 provides that an employee will entitled to gratuity on completion of continuous service of 5 years and while clarifying the 5 years complete service, Andhra Pradesh High Court in P. Raghuvulu and Sons v. Additional Labour Court , [1985] , had held that the minimum period for becoming eligible for payment of gratuity should not be less than 5 years since it should be complete 5 year service.
Thanks,
Baban Patil.
Cheers!
From India, Mumbai
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