Aazad
1

Dear Sir,
Am I eligible for gratuity?
I Have joined a pvt. ltd. co. on 22.03.2007 and i have continue worked till 31.05.2012
From March-07 to Feb-08 - Total days worked = 242 days
From March-08 to Feb-09 - Total days worked = 270 days
From March-09 to Feb-10 - Total days worked = 234 days
From March-10 to Feb-11 - Total days worked = 268 days
From March-11 to Feb-12 - Total days worked = 225 days
From March-12 to May-12 - Total days worked = 58 days
There are no period break during the service.
Our co. told that 3rd and 5th year is less than 240 days, so that gratuity is not applicable for me?
Please advice.
Thanks & Regards,
Aazad

From India, Vijayawada
shivassadvocate
Hi Dear Friends
I would like to inform to those who are getting confused on the issue of payment of Service Compensation under AP Shops Act.
That Hon'ble High Court of AP has already struck down the payment of Service Compensation under AP Shops Act since the same is inconsistent with the provisions of Gratuity, which is unconstitutional. Later on, the same was challenged before the Supreme Court, which has upheld the decision of High Court of AP. in Civil Appeal No. 6499/2002.
Hence, there is no need to pay any amount as a Service Compensation under AP Shops Act.
I am also attaching Supreme Court Judgment for ready reference.

From India, Hyderabad
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