kamki_hr Started The Discussion:
Dear All,

Is Madras High Court's judgement on Gratuity eligibility on completion of 4 years and 240 days applicable to others states.

I am in Maharastra. Can I use same ruling to enforce my employer to pay me gratuity. I am completing 4 years and 11 months of continuous services.

Is there any ruling by Mumbai High court?

Thanks in Advance


It depends upon the industry you are working with. If you are working with IT related ...your 11 months in the final year would be 11x21 days =231 but you are not making the 240 days figure...so its necessary to fulfill any of the two conditions i.e 5 yrs without break..and 4 yrs 240 days...

Please check with some other seniors on this for more clarity.

As per law, ruling of a High Court is binding only on lower courts in area in which the High Court has jurisdiction. One High Court is not bound by the decisions of another High Court. However, decisions of Supreme Court are binding on all courts in the country.

There is no decision available on this issue from Bombay High Court or Supreme Court. Hence courts in Maharashtra can take a different view than the view taken by Madras High Court.


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