Madras High Court Judement, under Payment of Gratuity Act.
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Madras High Court Judement, under Payment of Gratuity Act.

satyam.hr Started The Discussion:

Dear Friends,

I am sharing you a attachment of a Madras High Court Judement, under Payment of Gratuity Act in which the Eligibility of an employee to claim gratuity under the Payment of Gratuity Act, has been clarified by interpreting the continious service as 4 years and 240 days, as minimum elegibility criteria for claiming gratuity.


Attached FilesProvided by community member satyam.hr. Join us to learn and grow with your peers.
File Type: pdf 13_13_gratuity_20_20madras_20hc_20judg_5b1_5d_1_.pdf (1.55 MB, 1839 views)
narendernehra - Member Since: Mar 2010
Hi Satyam, Thanks a lot for posting a very valuable information. Reply With Quote As i am facing a same problem .now i think i can solve my problem. Thanks a lot narender singh

Anonymous  - 
thank you. the information was very useful. i was searching for this judgment and couldn’t find it anywhere. thanks a lot.

smruti - Member Since: Dec 2007
Hi All,
Would like to know about latest updates on Payment of Gratuity.
I understood from this judgement that 4 years continuous service & 10 months & 18 days of fifth year is treated that employee is eligible for gratuity , is an employee is eligible if he has completed 4 years continuous service & 258 days of fifth year?
Please help on this or provide if you have any information about latest amendments in act.
Many thanx in advance.

Anonymous  - 
If he has completed 4 years continuous service & 258 days then he is eligible for gratuity. in the judgment which is attached to this thread, it was held that, 4 years and 240 days will be the minimum elegibility criteria for claiming gratuity.

SUGHUMARRK - Member Since: Feb 2008
Hi Satyam

Thanks a lot for posting a very valuable information , however I would like to have your comments on my concerns .

This is a case not sure on what basis the conclusion was made. I believe that this could be a benefit for those who are asked to leave the company by the management but not for those who leave the company on thier own. In my opinion unless there is a amendment passed that completion of 4 years and 240 days is a eligibility criteria this cannot be effected as a practice.

I welcome exeperts thoughts .

Sughumar.R.K

pankaj chag - Member Since: Oct 2010
A concern employed a person on part time basis or contract basis to maintain its accounts. Thus person thus employed for accounting work gets remuneration on monthly basis from this concern. He is a full time employee of some other concern. Whether can he said to be employee under Payment of Gratutity Act and entitled for gratuity? Whether can he said to employee so as to include him in counting limit of ten employees so that Payment of Gratuity Act becomes applicable to others?

pankaj chag - Member Since: Oct 2010
whether a car driver of proprietor of a proprietory concern can be said to employee under Payment of Gratuity Act?

whether an individual comes only for cleaning office in the morning and goes away and does not do any other work can be said to employee of that concern under Payment of Gratuity Act?

hru97 - Member Since: Oct 2007
Dear KP , the payment of gratuity act 4 year and 240 days TX Umesh Maurya (Advocate) Labour Laws

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