If an employee completes 4 years and 10 months, including leaves, they will be eligible for gratuity. According to the Supreme Court judgment, will the four years and 10 months of service, including leaves, be eligible for gratuity? Kindly, please clarify.
From India, Hyderabad
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From India, Hyderabad
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As per the Act, one needs to complete 5 years of service. However, the Madras High Court has directed to pay Gratuity even after 4 years and 240 days upon completion of the 5th year. This ruling, however, is currently applicable only in Tamil Nadu.
Regards,
S. Rajasekaran
From India, Madras
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4Regards,
S. Rajasekaran
From India, Madras
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Yes, he can, wherever he is working. Otherwise, he can approach the central labor department office and meet an inspector there with proper proof of employment and leaving. That will be fruitful.
From Singapore
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From Singapore
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Dear Hari,
He must complete 5 years, with 240 working days per year, then only he is eligible for Gratuity. But in case of death, if the employee completes 6 months, he will get one year of Gratuity. If an employee completes 5 years and 6 months, then he will get gratuity for 6 years.
From India, Hyderabad
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He must complete 5 years, with 240 working days per year, then only he is eligible for Gratuity. But in case of death, if the employee completes 6 months, he will get one year of Gratuity. If an employee completes 5 years and 6 months, then he will get gratuity for 6 years.
From India, Hyderabad
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Dear,
The query raised by you is a grey area as far 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 completes 4 years of service and in the subsequent years completes 240 days of work, including leave, the employee will be entitled to gratuity.
However, in the case reported in 2009 5 SCC 342 SC, in the matter of Grant Kakatiya Sheraton Hotel, does not support the judgment of MHC. States outside the purview of MHC are not bound to follow the judgment. To the best of my information, there is no clear-cut verdict of SC on the issue.
Which SC case are you referring to? Please clarify.
PK Jain
From India, Delhi
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The query raised by you is a grey area as far 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 completes 4 years of service and in the subsequent years completes 240 days of work, including leave, the employee will be entitled to gratuity.
However, in the case reported in 2009 5 SCC 342 SC, in the matter of Grant Kakatiya Sheraton Hotel, does not support the judgment of MHC. States outside the purview of MHC are not bound to follow the judgment. To the best of my information, there is no clear-cut verdict of SC on the issue.
Which SC case are you referring to? Please clarify.
PK Jain
From India, Delhi
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Whatever may be the precedents, the execution period is the completion of five years of service in employment with the same company. No other system is in practice. The days of employment are calculated as the working days of the years multiplied by 5 years. You will get the days of completion of employment, including leaves, and so on.
From India, Bangalore
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From India, Bangalore
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