if an employee completes 4 yr 10 months including leaves,will be eligible for gratuity.
according to the supreme court judgment will the four years and 10 months service,including leaves,will be eligible for gratuity,kindly please clarify
From India, Hyderabad
according to the supreme court judgment will the four years and 10 months service,including leaves,will be eligible for gratuity,kindly please clarify
From India, Hyderabad
As per the Act, needs to complete 5 yrs of service. Whereas Madras High court, has directed to pay Gratuity even 4 yrs and 240 days on completion of 5th year. However, as of now it is applicable for Tamil Nadu only.
Regards
S Rajasekaran
From India, Madras
4Regards
S Rajasekaran
From India, Madras
Yes he can, wherever he is working, otherwise he can approach to the central labour department office and can meet an inspector over there with proper proof of employment and leaving. That will be fruitful.
From Singapore
From Singapore
Dear Hari,
He must complete 5 yrs., with 240 working days per year then only he is eligible for Gratuity. But in case of Death the employee if completes 6 mnths he will get one year Gratuity. If an employee completes 5 yrs 6 mnths then he will get gratuity for 6 yrs.
From India, Hyderabad
He must complete 5 yrs., with 240 working days per year then only he is eligible for Gratuity. But in case of Death the employee if completes 6 mnths he will get one year Gratuity. If an employee completes 5 yrs 6 mnths then he will get gratuity for 6 yrs.
From India, Hyderabad
Dear
The quarry raised by you is a grey area as for as the legal provisions are concerned.
It is true that the Madras High Court in the case of Mettur Beardsell Ltd. has held that if an employee completed 4 years of services and in the subsequent years if he completed 240 days workings including leave the employee will be entitled for gratuity.
But in the case reported in 2009 5 SCC 342 SC in the matter of Grant Kakatiya Sheraton Hotel does not support to the Judgment of MHC.
The States outside the preview of MHC are not bound to fallow the judgment. To the best of my information there is no clear cut verdict of SC on the issue.
Which case of SC you are referring please clarify.
PKJain
From India, Delhi
The quarry raised by you is a grey area as for as the legal provisions are concerned.
It is true that the Madras High Court in the case of Mettur Beardsell Ltd. has held that if an employee completed 4 years of services and in the subsequent years if he completed 240 days workings including leave the employee will be entitled for gratuity.
But in the case reported in 2009 5 SCC 342 SC in the matter of Grant Kakatiya Sheraton Hotel does not support to the Judgment of MHC.
The States outside the preview of MHC are not bound to fallow the judgment. To the best of my information there is no clear cut verdict of SC on the issue.
Which case of SC you are referring please clarify.
PKJain
From India, Delhi
What ever may be the precedents but the execution period is completion of five years of service in the employment with same company. No other system is in practice........ (the days of employment is calculated as working days of the years multiplied by 5 years, you will get the days of completion of employment including leaves and etc......)
From India, Bangalore
From India, Bangalore
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