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Gratuity - Supreme Court

Quires Started The Discussion:

Hi,
I joined the MNC in July 2007 and last working day would be April 30th 2012.
Am I eligible for GRATUITY as i have completed 4 yrs and 9 months (240 days) ...Please let me know whether Saturdays & Sundays are not considered while calculating the Working days (5days a week).
Is gratuity amendment is applicable for Haryana state too..?
and how we calculate gratuity....

soumik1570 - Contributing Member
No sir for gratuity you need to complete 5years full..in that case not even 4 yrs 1 mnths be considered. It is not yet amended...

v.harikrishnan - Contributing Member
Dear Mr.Quires
You have not indicated the location of your place of work. If it is in Tamilnadu, then for your information the Honourable High Court of Madras has in the case relating to Mettur Beardsell Limited had held that if an employee had completed 240 days in the fifth year of his service with the employer, he is eligible to get gratuity under the Payment of Gratuity Act. This decision of the Honourable High Court of Madras is binding on all authorities under the Payment of Gratuity Act situated within Tamilnadu. Therefore if your place of employment is within Tamilnadu you can claim gratuity from your employer based on this decision, provided the Payment of Gratuity ACt is applicable to the establishment in which you are employed and to you also.
With regards

Hi, I have a similar case in Gurgaon, HArayana. I have completed 4 years 9 months and 22 days in a MNC which follows Gratuity act. Am I eligible for Gratuity?.


I tried to cite MAdras High court judgment to my HR which clearly interprets the qualifying period mentioned in Gratuity act to be 4 years and 240 days. They say that it is not valid here. Is their any other supreme court judgment in this regard.

Please advise how to proceed.

Thanks in advance.

Quires - 
thanks to all of you ...for sharing information.... V.Harikrishnan, my job location is in gurgaon, haryana..

v.harikrishnan - Contributing Member
Dear Mr.Quires The Authorities in Haryana may or may not follow the Madras High Court judgment. With regards V.HARIKRISHNAN

Dear,

Yes, you shall be eligible for gratuity, as per gratuity act, there were clause to continues services of completed 5Yrs only (we should consider one year 240 days completed)
Continuous Service- An employee is said to have rendered continuous service, if-

(i) he has been in uninterrupted service, including service interrupted by sickness, accident, absence from duty with or without leave, lay-off, strike or lock-out or cessation of work not due to the employee’s fault;
Note;- If an employee having been superannuated is re-employed by the employer without any break in service, he will be for payment of gratuity.

With Regards
Jignesh Sisodiya
Asst. Manager HR & IR
09558100800

Yes,

You are eligible for Gratuity under Act. One condition, you have to work minimum 240 days in each year. In certain cases, the leave with wages, National and Festival Holidays also can be considered for calculation of 240 days.

Regards

Rampalaniswamy

pca - Senior Member
Madras High Court decision is not binding on authorities in Haryana. The view generally taken by employers in other States is that the employee must complete 5 years of continuous service for being eligible for gratuity. Completing 4 years and 240 days service will not entitle the employee to be eligible for gratuity.

@Jignesh Sisodiya and @Rampalaniswamy

Firstly thanks for your insights. I am meeting the 240 day criteria for 5th year for gratuity but my employer says that I have to complete 5 calendar years to be eligible. My company is based in Gurgaon and they are not considering the Madras Court judgement.

Can you please advise how to proceed. How to convince them for my case. At this moment they are absolutely sure that it is five calendar years.

Your inputs would be well apreciated. Thanks

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