Dear Sir,
Am I eligible for gratuity? I joined a private limited company on March 22, 2007, and worked continuously until May 31, 2012.
From March 2007 to February 2008 - Total days worked = 242 days
From March 2008 to February 2009 - Total days worked = 270 days
From March 2009 to February 2010 - Total days worked = 234 days
From March 2010 to February 2011 - Total days worked = 268 days
From March 2011 to February 2012 - Total days worked = 225 days
From March 2012 to May 2012 - Total days worked = 58 days
There were no breaks in service during this period. Our company has mentioned that the days worked in the 3rd and 5th years are less than 240 days, indicating that gratuity may not be applicable to me. Could you please advise on this matter?
Thank you for your assistance.
Thanks & Regards,
Aazad
From India, Vijayawada
Acknowledge(0)
Amend(0)
1Am I eligible for gratuity? I joined a private limited company on March 22, 2007, and worked continuously until May 31, 2012.
From March 2007 to February 2008 - Total days worked = 242 days
From March 2008 to February 2009 - Total days worked = 270 days
From March 2009 to February 2010 - Total days worked = 234 days
From March 2010 to February 2011 - Total days worked = 268 days
From March 2011 to February 2012 - Total days worked = 225 days
From March 2012 to May 2012 - Total days worked = 58 days
There were no breaks in service during this period. Our company has mentioned that the days worked in the 3rd and 5th years are less than 240 days, indicating that gratuity may not be applicable to me. Could you please advise on this matter?
Thank you for your assistance.
Thanks & Regards,
Aazad
From India, Vijayawada
Acknowledge(0)Amend(0)
Hi Dear Friends,
I would like to inform those who are getting confused about the issue of payment of Service Compensation under the AP Shops Act. The Hon'ble High Court of Andhra Pradesh has already struck down the payment of Service Compensation under the AP Shops Act as it is inconsistent with the provisions of Gratuity, which is unconstitutional. This decision was later challenged before the Supreme Court, which upheld the High Court of Andhra Pradesh's decision in Civil Appeal No. 6499/2002.
Therefore, there is no need to pay any amount as Service Compensation under the AP Shops Act. I have also attached the Supreme Court Judgment for your ready reference.
From India, Hyderabad
Acknowledge(0)Amend(0)
I would like to inform those who are getting confused about the issue of payment of Service Compensation under the AP Shops Act. The Hon'ble High Court of Andhra Pradesh has already struck down the payment of Service Compensation under the AP Shops Act as it is inconsistent with the provisions of Gratuity, which is unconstitutional. This decision was later challenged before the Supreme Court, which upheld the High Court of Andhra Pradesh's decision in Civil Appeal No. 6499/2002.
Therefore, there is no need to pay any amount as Service Compensation under the AP Shops Act. I have also attached the Supreme Court Judgment for your ready reference.
From India, Hyderabad
Acknowledge(0)Amend(0)Engage with peers to discuss and resolve work and business challenges collaboratively - share and document your knowledge. Our AI-powered platform, features real-time fact-checking, peer reviews, and an extensive historical knowledge base. - Join & Be Part Of Our Community.
Payment of Gratuity Act, 1972 & The Rules.ppt
FORM - F (TN Payment of Gratuity Rules, 1973).xls
Abstract of PAYMENT OF GRATUITY ACT & RULES, 1972, FORM U[1].doc