16-08-2007, 11:04 AM
|  | Senior Member | | Join Date: Mar 2006 Location: kakinada, India
Posts: 517
| |  Re: Gratuity - 5th year completion clarifcation_URGENT
Dear Vikas ji,
For legal clarifications please gothrough the web site: www.legalpundits.com
Regards, 
PBS KUMAR |
10-09-2007, 09:55 PM
|  | | | Join Date: Nov 2005 Location: Greater Noida, India
Posts: 509
| | Re: Gratuity - 5th year completion clarifcation_URGENT
Dear Vikas,
It was the judgement of Madras High Court if an employee has worked 240 days in the fifth yr ,he is eligible for the gratuity. The judgemetn came in the year 2004.
U can see the LLR for the year 2004.
Regds,
Vikram Singh
__________________
With Warm Regds,
Vikram Singh 
+919810102421
|
15-09-2007, 02:30 PM
| | | | Join Date: May 2007 Location: New Delhi
Posts: 378
| | Re: Gratuity - 5th year completion clarifcation_URGENT
Hi,
Congrats Man, you're truly eligible for Gratuity as per the Act.
warm regards,
Umesh Chaudhary
(welcomeumesh@yahoo.com) |
27-09-2008, 02:25 PM
| | | | Join Date: Sep 2008
Posts: 1
| |
Is there any official webiste/written document of gratuity department which clarifies that 30 day notice period would be considered as part of employment while deciding Gratuity payable in case the employee has completed 4 year 11 months of service.Would appreciate a quick response. |
27-09-2008, 03:59 PM
| | Board Moderator | | Join Date: Sep 2007 Location: Kannur
Posts: 795
| |
Notice period shall be taken as days worked for the purpose of determination of eligibility and amount of gratuity.
Regards,
Madhu.T.K |
28-09-2008, 04:16 PM
| | | | Join Date: Nov 2007 Location: noida
Posts: 340
| |
dear
mr vikas is correct as supreme court has given judgement in one case that if u have completed 240 days in fifth year u are eligible for gratuitybut gratuity act does not say this thing than u also file a case so on and so forth---
so five years eligiblity still remains to get gratuity
tks
j s malik |
30-09-2008, 02:51 PM
| | | | Join Date: Sep 2008
Posts: 27
| |
Quote:
Originally Posted by bhushan dahanukar  Dear Sashmita,
Mr. AKM wrote the correct things.
As you mention about the service is wrong. Minimum 5 years completed service requires to eligible for entitlement.
Neither the Act provides or Supreme Court judgement provides for the term of 4 years & 6 months for entitlement.
Pl. note the same.
regs
Bhushan |
Dear
It is not necessary that for eligibility of Gratuity, the person must have completed 5 yrs of service. If a person has completed 4 years and 240 working days in the 5th year, he shall be eligible for gratuity. There is judgement in the Labour Laws Reporter in this regard.
ak malhotra |
09-10-2008, 11:33 PM
| | | | Join Date: Oct 2007 Location: pune
Posts: 32
| |
Dear,
Can you please mention the High court Judgment regarding the eligibility for Gratuity in 5yr of service?
Thanks
Ritesh Ambade
M- 9823319007 |
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