Dear All,

I am seeking your input regarding a case where an employee has completed 4 years and 300 days in the current organization. According to the rules of the Payment of Gratuity Act, an employee must complete 5 years to be eligible for gratuity. However, the employee is claiming eligibility after completing 4 years and 240 days.

I would appreciate hearing your thoughts on this matter.

Regards,
Vivek

From India, Mumbai
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I am sending you the file of updataions done by Govt in Gratuity for employees...
From India, Delhi
Attached Files (Download Requires Membership)
File Type: pdf Gratuity Act (Gazette Notifications) [1][1].pdf (726.5 KB, 1018 views)

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Dear sir,

My name is Umesh Divekar. My PF A/C No. is MH/VA/44359/1311. I submitted the PF Withdrawal form on 15th February 2010. However, I have not received the PF amount yet. When I call the PF office in Kandivali, they inform me that my PF is under process and it will take some time. Unfortunately, the telephone number 022 27814315 is always busy, and sometimes, nobody answers the phone.

If you have any solution to this issue, please reply to me. I have already lodged complaints with the Kandivali and Bandra offices, but there has been no response.

Thank you,
Umesh Divekar
9923887797
ud5577@hotmail.com

From India, Ahmadabad
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Dear SGVivek,

For gratuity claim completion, 240 days of actual work have been accepted by the courts. Hence, even though the employee has completed 4 years and 300 days of actual work, he/she will be eligible to claim the gratuity as a lawful right.

Ravindra Chaubal

From India, Nasik
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Hi Ravindra, This is a very valid information. is there any notification to this effect saying 240 days can be considered for claim. pls revert Regds Pradeepan
From India, Raipur
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he is entitle for the Gratuity. SC has given in a judgement that if a person completed 240 days working in the fifth year he is entitle. lalit m sharma
From India, Vijayawada
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I agree with Pradeepan. This information is very important since some of our staff will fall under the category of working for less than 5 years. Is there any notification stating that 240 days can be considered for a claim? Please respond with support for this claim. URGENT PLEASE!!
From India, New Delhi
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There is madras high court judgement on this issue , i hope it will help all of you. Pl find attachment. Thx tarun arora
From India, Chandigarh
Attached Files (Download Requires Membership)
File Type: pdf MADRAS HIGH COURT.pdf (1.55 MB, 160 views)

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Dear Ravi,

Thank you for your valuable suggestion. Do you have a scanned copy of a notification that confirms or any other supporting documents that will assure our management? I will be very thankful to you if you are able to provide it to me.

Thanks,
Warm Regards,
Bhupesh


From India, Mumbai
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Can you send the proof of this Supreme Court judgement? It will be beneficial for all. Then the Gratuity rule of completing minimum 5 years of service (365x5 days) has no meaning.
From India, Mumbai
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