Dear All, If an employee leaving any organisation after serving 4 years + 240 working days (Not completed last year, 5th year), will he be eligible for getting gratuity? Regards
From India, New Delhi
Hi, If employee completed his 4.6year in the organization that is approximately 5year are eligible for Gratuity.
From India, Delhi
Dear Uzma, Which of the section/rule of PG Act, 1972 directs us to pay gratuity in the situation as explained by you ? Regards, R N KHOLA
From India, Delhi
Hello Sir, I am enclosing herewith attachment for your kind reference, originally posted by seniors Thanking you, Regards Ashish Thakkar
From India, Pune
Attached Files (Download Requires Membership)
File Type: pdf Gratuity%20-%20Madras%20HC%20judg%5B1%5D%5B1%5D..pdf (1.55 MB, 199 views)

Hi,
[As per the judgement by the Madras High Court by the Hon'ble Mr S.M.Adbul Wahab, J. vide W.P.No2135 of 1987 decided on 12.6.1996 in the case between mettur Beardsell Ltd.(represented by its Personnel manager) Madres Vs.regional labour Comissioner (Central) Authority, [/B][/B]
[/B]
PAYMENT OF GRATUITY ACT~ 1972-
Sections 2(a), 2(b), 2(c), 2(e) and 2A -'Continuous serVice' - Qualifying period of service by an employee -Entitlement of Gratuity - An employee rendering continuous service for a period of 240 days in a year will be deemed to have continued in service for 'one year as stipulated by section 2A of the Act -Thus an employee who has P.ut in service for 10 months and 18 days for the fifth year subsequent to first 4 years should be deemed to have completed continuous service of five years -His claim for gratuity is tenable.
Regards,
Vivek

From India, Barddhaman
as of my knowledge in hr , he is not eligbul for gratuity he must work 5 years. form the date of joininig
From India, Visakhapatnam
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