it is clear from the provision of the Act itself (Section 4(1) read with Section 2A and 2(b) that a employee who has put in 240 days or more of service in the 5th year, subsequent to the first 4 years, should be deemed to have completed continuous service of 5 years and is entitled to get gratuity under the Payment of Gratuity Act. 1972.
From India, Chennai
1From India, Chennai
In case of death of the employee before completing 5 years of continuous service, nominees are eligible for payment of gratuity.
From India, Mumbai
From India, Mumbai
Our member friend Mr.Rajiv Singh is absolutely correct.
The Madras High Court has held that an employee rendering continuous service for a period of 240 days in a year e.g.fifth year will be deemed to have continuous service for one yearas stipulated by Section 2A of the Payment of Gratuity Act.[ Mettur Beardsell Ltd., Madras Vs Regional Labour Commissioner(Central) Authority under the Payment of Gratuity Act, 1972]
Regards,
Swapan
From India, Bokaro
The Madras High Court has held that an employee rendering continuous service for a period of 240 days in a year e.g.fifth year will be deemed to have continuous service for one yearas stipulated by Section 2A of the Payment of Gratuity Act.[ Mettur Beardsell Ltd., Madras Vs Regional Labour Commissioner(Central) Authority under the Payment of Gratuity Act, 1972]
Regards,
Swapan
From India, Bokaro
Dear Manivel,
It is better to stay there for another 2 months to get eligibility as per the Payments of Gratuity Act. Bcoz the act clearly defines that one have to completes his 5 years tenure for getting eligibility. So, why to give chance for refusement? Do your best.
Regards,
P. Paraman.
From India, Selam
It is better to stay there for another 2 months to get eligibility as per the Payments of Gratuity Act. Bcoz the act clearly defines that one have to completes his 5 years tenure for getting eligibility. So, why to give chance for refusement? Do your best.
Regards,
P. Paraman.
From India, Selam
Hello Sir, I have worked in a company under shop and establishment act. I have worked for 4 years 7 month 20 days. Kindly advise am i eligible for gratuity. As per company norms they want me to complete 5 years and then only i will be eligible for gratuity.
Awaiting for your soonest reply.
Rgds,
Manish
From India, Kochi
Awaiting for your soonest reply.
Rgds,
Manish
From India, Kochi
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Madras HC judg regarding gratuity is applicable if workmen is working 4 years 240 days..pdf