Dear Harpreet
we respect your suggestion but please note any court judgement in particular case is applicable to that case only.Gratuity act still says that eligiblity to get gratuity is five years than where from 240 days has come.we are mixing other sections to analyse the situation in our favour.if madras high court has given judgement in one case than it can not be considered it as a law.
From India, Delhi
167we respect your suggestion but please note any court judgement in particular case is applicable to that case only.Gratuity act still says that eligiblity to get gratuity is five years than where from 240 days has come.we are mixing other sections to analyse the situation in our favour.if madras high court has given judgement in one case than it can not be considered it as a law.
From India, Delhi
Dear Keshav jee
i too agree that eligiblity to get the gratuity is 5 years of service and on the basis of one judgement it can not become a law.Even in tamil nadhu also it is 5 years of service to get gratuity.in one case madras high cpouurt has given judgement on variouus interpretations but there is no amendm,ent in gratuity act where it is clearly mentioned 5 years service is required to become eligible for gratuity
js malik
From India, Delhi
i too agree that eligiblity to get the gratuity is 5 years of service and on the basis of one judgement it can not become a law.Even in tamil nadhu also it is 5 years of service to get gratuity.in one case madras high cpouurt has given judgement on variouus interpretations but there is no amendm,ent in gratuity act where it is clearly mentioned 5 years service is required to become eligible for gratuity
js malik
From India, Delhi
If you completed 5 years of service then you are eligible for gratuity(except in the case of Death).
From India
From India
dear friend, Tomorrow will be your last working day. If you send a mail directly to me. I will send the total act details. Here I do not know how to add word doc in which it is available.>> sekar mail ID chith1954@gmail,com
From India, Chennai
From India, Chennai
The gratuity eligibility service as per Gratuity Act 1972 is 5 years.But as per the judgment from Supreme Court below and the quotation from the book quoted below it seems that the gratuity eligibility service is 4 years 240 days.
"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."
From India, Delhi
"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."
From India, Delhi
Dear Hrnitinji,
You are requested to read carefully the Judgment of Supreme Court and talk about.
I have read the said Judgment carefully and in one of my posts earlier I have given my views on it. You may do research on it.
In fact I had decided not to participate in this discussion, but your post compelled me to write this.
From India, Mumbai
You are requested to read carefully the Judgment of Supreme Court and talk about.
I have read the said Judgment carefully and in one of my posts earlier I have given my views on it. You may do research on it.
In fact I had decided not to participate in this discussion, but your post compelled me to write this.
From India, Mumbai
Dear All,
We agree that the definition in the act still says 5 years, however there are many cases wherein different courts has given judgements in favour of 4 years and 240 days. I believe the judges have some sense in interpretation of this act and finding it sensible enough what the unspoken meaning of 5 years service is all about.
Also have anyone thought of putting it forward a suggestion in the forum, may not be the right area however if have had taken in the right area where the acts/laws can be considered to be modified. Also a question to those who call themselves so "expertise" that have the ever thought that why there are prevailing law/acts/. Are these for people or people are meant for them? Truly says, my thinking supports that 4 years 240 day consideration cases can be adopted to modify the act if put forwarded in the right forum. till then if even i have to raise my voice to anyone to get things in favour of me to claim the gratuity amount, i will seek support of the judgements given. Hope this will be done by others as well in all the states and then there will not be any question of validity in specific area only. we are not advocates here and also the forum is not for the advocates who run the show only on the basis of black and white. we are human resource person's who have to consider what is right and wrong and can we modify/alter the things by giving or proposing in the right direction.
Thanks.
From India, New Delhi
We agree that the definition in the act still says 5 years, however there are many cases wherein different courts has given judgements in favour of 4 years and 240 days. I believe the judges have some sense in interpretation of this act and finding it sensible enough what the unspoken meaning of 5 years service is all about.
Also have anyone thought of putting it forward a suggestion in the forum, may not be the right area however if have had taken in the right area where the acts/laws can be considered to be modified. Also a question to those who call themselves so "expertise" that have the ever thought that why there are prevailing law/acts/. Are these for people or people are meant for them? Truly says, my thinking supports that 4 years 240 day consideration cases can be adopted to modify the act if put forwarded in the right forum. till then if even i have to raise my voice to anyone to get things in favour of me to claim the gratuity amount, i will seek support of the judgements given. Hope this will be done by others as well in all the states and then there will not be any question of validity in specific area only. we are not advocates here and also the forum is not for the advocates who run the show only on the basis of black and white. we are human resource person's who have to consider what is right and wrong and can we modify/alter the things by giving or proposing in the right direction.
Thanks.
From India, New Delhi
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Gratuity Eligibility.pdf
Gratuity eligibility for less than 5 yrs. (4yrs.240days). docx