ramanamurtybhogi
Hi Shenbagarajan K,
I am also with you,what you said is correct, Please dont post unless you are very clear on that.
If you are not posting anything is ok but posting wrong informtion is very worst.
More over comes to the point, That guy is eligible for Gratuity as there was an Madras high judgement in 1996 saying if any body works 4 years and 240 days in the 5th year is eligible for Gratuity.
Later MP High court also supported the same judgement given by the Madras High court.
Hence it is clear.
Regards,
Ramana, Coke

From India
Advocate Prem Chanda Yadav
11

Service period considered of joining of the service in that particular company. Regards. P.C
From India, Mumbai
Swapan56
1

Dear Mahesh, Service period of an employee is considered since his joining the organisation irrespective or probationer or confirmed staff.
From India, Calcutta
Swapan56
1

Dear Shivaji,
Till you are sure about the laws & rules please donot post such irrelevant answers. HR fraternity shall always help you to upgrade your knowledge. Cite HR is one where you can learn about the laws, rules & various aspects of HR.

From India, Calcutta
phanikumar_d66
15

He is eligible for Gratuity since he has completed 4 years and 11 months of service. As per the Madras High Court judgement if is sufficient if one completes 4 years and 240 days in the fifth year. The answer to the doubt raised my Mr. M Kumar is that service period is considered from the date of joining the service of the Company.
D. Phani Kumar
DGM- HR
Vasavadatta Cement
(A Unit of B.K. Birla Group of Companies)
Sedam, Gulbarga Dist, Karnataka.


ANIL PILLAI
4

Good, Swapan. It's a matter of concern that today's generation gave up the habit of reading & many of them wants instant solutions, without actually being involved. Many of the replies being posted are clear indicatives.
Anil Pillai
AVP-HR, Binani Group.

From India, Jaipur
vikaskhatter29@gmail.com
140

Hii all
Gratuity would be given if employee spend 4 years +240 days in 5th years.
and Gratuity will be calculated by last basic + D.a drawn.
The calculation formula is
Last basic+D.a/26*15*working years.
or
Last Basic + D.A/26*working days.
here we will consider 15 days in a year.

From India, Chandigarh
aks143v
1

Dear Varun,
He is eligible ,as per gratuity act who has completed 4 years and 6 month it would be counted as 5 year .
More then 6 month is counted as 1 year so he is eligible and your organization needs to pay gratuity of 5 yrs.
Regards
Amit

From India, Delhi
maheshfaridabad
36

& Shivaji B. Patil
if u dnt knw abt gratuity then why r u giving wrong answer
dear frnd Shenbagarajan K and other
4 year +240 days are enough fr gratuity
(c) on his death or disablement due to accident or disease : Provided that the completion of continuous service of five years shall not be necessary where the termination of the employment of any employee is due to death or disablement :

From India, Faridabad
pramodbehera.29@gmail.com
1

Dear Mr. Kumar,
Please refer to your queries regarding gratuity, let you clear that if a workmen is an on-roll employee of any organization he is eligible to get all the statutory benefits including gratuity from the first day of his employment, here there is no factor for confirmation or not confirmation.
For eligibility of Gratuity : Working tenure should have 4 years 10 months and 18 days.
If you have any doubt regarding eligibility for gratuity please refer the case law of 1998 LLR 1072 Madras High Court decided on 12/06/1996 .
P.P. Behera

From India, Calcutta
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