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Whether Gratuity is payable or not





 

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  #21  
04-11-2009, 04:02 PM
Join Date: Oct 2009
I agree with Deepak. As per the ACT if a person has completed 240 days of service, it has to be treated as continuity of service.
Hence in this case the person eligible for Gratuity.
Find attached the judgement passed by Madras High Court.

Attached Files
File Type: pdf Gratuity - Madras HC judg[1][1]..pdf (1.55 MB, 14 views)
  #22  
04-11-2009, 04:10 PM
Join Date: Nov 2007
Location: PUNE
for the getting graduity benefit employee must be completed 5 years continous service within organisation.

Vijay Pisal
  #23  
04-11-2009, 04:17 PM
Join Date: Jun 2008
The employee not completing 5 yrs is not eligible for Grautuity.

Regards

Johnson
  #24  
04-11-2009, 04:28 PM
Join Date: Nov 2007
Location: PUNE
Dear Deepak,

if he has completed 4 years & 240 days (in fifth year) continous service then he is eligible for Graduity.

In your case employee is eligible for Graduity as per act.

Vijay Pisal
  #25  
04-11-2009, 05:46 PM
Join Date: Nov 2009
Location: mumbai
5 Yrs is must to get his/her Gratuity
  #26  
04-11-2009, 05:59 PM
Join Date: Sep 2007
Location: hyderabad
Gratuity
If a person completed his continuous service in single organisation 4 years and 240 days in 5th year then such a person is eligible for Gratuity.
  #27  
04-11-2009, 07:11 PM
Join Date: Jul 2009
Dear Deepak

Pl. cleare his employement,

as Industries or News Paper , any shop & under the ground work.
  #28  
04-11-2009, 08:20 PM
Join Date: Apr 2007
Location: TIRUPUR
Dear Sir,

Section 4 (2) of gratuity act ....part there of six months shall need to consider for gratuity. If that is the case excess of 4 years six months need to be paid.

Hope some experts will throw more light to this topic
  #29  
05-11-2009, 08:45 AM
Join Date: Apr 2009
Basic criteria is completion of 5 years of service to qualify for Gratuity on resignation/retirement or discharge.

In this case the employee is not eligible.
As some body said,even if the company has a policy of benevolence, the amount so paid without eligibility will only be called an ex- gratia than Gratuity.

Where an employee having service more than six months over and above 5 years, that will have to be treated as 6 years. If it is less than six months above 5 years, the Gratuity is calculated for 5 years.
  #30  
05-11-2009, 09:04 AM
Join Date: Jul 2008
Situation vacant for - HR & Admin.
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