Hello
Please let me know if there is consensus on this practice of 04 yrs & 240 days because all I can see is the Madras HC judgement but no Supreme Court judgement. It means its still not clear & its better to follow full 05 calender years for giving gratuity since some organisations are averse to give gratuity on 04 yrs & 240 days criteria.
Please throw some light urgently since we have a similar case pending in our organisation.
regards
From India, Aurangabad
14Please let me know if there is consensus on this practice of 04 yrs & 240 days because all I can see is the Madras HC judgement but no Supreme Court judgement. It means its still not clear & its better to follow full 05 calender years for giving gratuity since some organisations are averse to give gratuity on 04 yrs & 240 days criteria.
Please throw some light urgently since we have a similar case pending in our organisation.
regards
From India, Aurangabad
Hi,
Yes, you are eligible for gratuity 4 years and 8 months rounded of to 5 years.
whether your organization will falls under central or sate Govt.
As per section 2 (I) (b) having branches in more than one State, then comes under central Govt.
other cases state govt
Section 2 (II) (b) "completed year of service" means continuous service for one year; and continues service as defined in section 2A.
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service,including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave
(not being absence in respect of which an order 3*** treating the absence as break in service has been passed in accordance
with the standing orders, rules or regulations governing the employees of the establishment), lay-off,strike or a lock-out or cessation of work not due to any fault of the employee,whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer--
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than--
(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) one hundred and twenty days, in any other
From India, Mumbai
Yes, you are eligible for gratuity 4 years and 8 months rounded of to 5 years.
whether your organization will falls under central or sate Govt.
As per section 2 (I) (b) having branches in more than one State, then comes under central Govt.
other cases state govt
Section 2 (II) (b) "completed year of service" means continuous service for one year; and continues service as defined in section 2A.
(1) an employee shall be said to be in continuous service for a period if he has, for that period, been in uninterrupted service,including service which may be interrupted on account of sickness, accident, leave, absence from duty without leave
(not being absence in respect of which an order 3*** treating the absence as break in service has been passed in accordance
with the standing orders, rules or regulations governing the employees of the establishment), lay-off,strike or a lock-out or cessation of work not due to any fault of the employee,whether such uninterrupted or interrupted service was rendered before or after the commencement of this Act;
(2) where an employee (not being an employee employed in a seasonal establishment) is not in continuous service within the meaning of clause (1), for any period of one year or six months, he shall be deemed to be in continuous service under the employer--
(a) for the said period of one year, if the employee during the period of twelve calendar months preceding the date with reference to which calculation is to be made, has actually worked under the employer for not less than--
(i) one hundred and ninety days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) two hundred and forty days, in any other case;
(b) for the said period of six months, if the employee during the period of six calendar months preceding the date with reference to which the calculation is to be made, has actually worked under the employer for not less than--
(i) ninety-five days, in the case of an employee employed below the ground in a mine or in an establishment which works for less than six days in a week; and
(ii) one hundred and twenty days, in any other
From India, Mumbai
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Payment of Gratuity Act, 1972 & The Rules.ppt
THE PAYMENT OF GRATUITY ACT 1972.doc