Dear Mr Kohla
I appreciate your point of opinion. There are decisions given by MAA High Court & CCU High Court wherein it stated if someone has worked for 240 days in 5th year is also eligible for gratuity. MAA High Court is on internet, you can download, I think it's 1999 decision. Kindly go through and advise.
PGA being a Central Act, so decision of MAA High Court would apply to all India as far as I understand, kindly clairy.
Kind Regards
Rajeev Nangia

From India, Gurgaon
Greetings to all, May I know that Professionary period (6 months) also included for gratuity eligible period of 5 years service. Regards, M Venkatesan
From India, Madras
Dear All,
I have a querry. When we say 240 days each year, is that on an average? I mean if a person has worked for 200 days in the 5th year but 280 days in the 4th year, can we take an average of the two to be 240? or does a person need to complete 240 dyas separately in each year?
Thanks
Peonka

From India, Delhi
Dear Rajeev,
I have given my opinion on the following:
'hi sebastinss
i m too in same trouble....had completed 183 days in 5th year. just wanted to confirm that by any chance or any law enforcement gratuity can be availed.
regards'
I have never made any comments on 240 days working in the fifth year in this thread. Judgement of the Hon'ble Madras HC was reported as 1998 LLR 1072 (Mad H.C.) & I have already gone through it. In my opinion Controlling Authorities/ Appellate Authorities under the PG Act are bound to consider this judgement who come under this paricular High Court.
Sumitted as requested.
Regards,
R N KHOLA

From India, Delhi
yes you are eligible for gratuity because you have completed 4 years & 6 months in that company so claim for the amount refer Gratuity Act for the same.
From India, Nasik
Dear Yes, As per Gratuity Act, Minimum Eligible 4 years and 240 Days Previous company liable to pay the Gratuity. Your Eligible person right to claim person With regards, Balamurugan.L
From India, Madras
sub: professional tax. hi ! am new to hr cite, hope hr cite will help me, in clarifying my doubts and in strenthning my profession. what could be the coverage for professional tax. Faithfully, Madesh
From India, Hyderabad
[QUOTE=vanshikajain12;1678154]I HAVE JOINED BANK ON 01-11-2006 AND I HAVE RESIGNED ON 30-07-2011 MY LAST WORKING DAY IN THE COMPANY IS 30-09-2011 ....IE I HAVE WORKED FOR 4 YEARS AND 11 MONTHS.......WILL I GET GRATUITY AMOUNT!!!!PLZ ANSWER MY QUERY[As per Gratuity Act you have to be complete 5 years to get eligibility, but it is employers discrition they may or maynot as you are not completed 5 years]
From India, Mumbai
Employee has to complete continuous service of 5 years, but after the ruling of Madras High Court if there are 240 working days in the 5th year even then an employee is eligible for the gratuity.
From India, Mumbai
Dear Friend
Its is correct that you must have completed 4 year and 240 days to avail the benefit of Gratuity. Even the one day short will deprive you from availing this benefit.
Thank you
Arshad Barkati

From India
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