I work for 5 days in a week, & I have heard to be eligible i need to complete 4 years 190 days for the same.
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Dear, If anyone who has worked 4 Yrs 240 days continuous service, then he/she is eligible for gratuity.
From United Arab Emirates, Dubai
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42From United Arab Emirates, Dubai
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As per Section 4 of the Payment of Gratuity Act 1972, the eligibility for gratuity arises after continuous service for not less than five years. The term 'Continuous Service' is defined in Section 2A of the Act, and it further qualifies that in case the employee is employed in a mine or where there are less than six days of work in a week, then actual service of not less than 190 days or otherwise 240 days in a period of 12 preceding months from termination would suffice for the calculation of one year of service. Reading the two sections together leads to the validation of such claims.
In Mettur Beardsell Ltd. (represented by Its Personnel Manager), Madras vs. Regional Labour Commissioner (Central): (Authority under Payment of Gratuity Act). 1. Madras & Others (W.P. No. 2135 of 1987 decided on 12.6.1996) PAYMENT OF GRATUITY ACT~ 1972- 1998 LLR 1072, the Madras High Court has upheld such claims of less than 5 years of actual service as eligible. The headnote reads as follows: 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 put in service for 10 months and 18 days for the fifth year subsequent to the first 4 years should be deemed to have completed continuous service of five years - His claim for gratuity is tenable.
To my knowledge, there is no Supreme Court judgment on this point. So there is enough basis for drshaumil to make a claim as he works for 5 days in a week and after completion of 4 years and 190 days of actual working.
From India, Mumbai
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In Mettur Beardsell Ltd. (represented by Its Personnel Manager), Madras vs. Regional Labour Commissioner (Central): (Authority under Payment of Gratuity Act). 1. Madras & Others (W.P. No. 2135 of 1987 decided on 12.6.1996) PAYMENT OF GRATUITY ACT~ 1972- 1998 LLR 1072, the Madras High Court has upheld such claims of less than 5 years of actual service as eligible. The headnote reads as follows: 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 put in service for 10 months and 18 days for the fifth year subsequent to the first 4 years should be deemed to have completed continuous service of five years - His claim for gratuity is tenable.
To my knowledge, there is no Supreme Court judgment on this point. So there is enough basis for drshaumil to make a claim as he works for 5 days in a week and after completion of 4 years and 190 days of actual working.
From India, Mumbai
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This point of doing 190/240 days in the fifth year has been coming up regularly. My opinion is that five years are to be completed, and then it will be seen if in the last year 190/240 days' work has been done. I am yet to hear from any member who has raised this type of query whether he/she got Gratuity after actually completing only 4 years of 190/240 days.
From India, Pune
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From India, Pune
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