Jepee Started The Discussion:
All experts are requested to advice me.

If an emplyee worked 4 years and worked 240 days in the next years then he is entitle for gratuity? if yes/no, please give detials with judgment

I heard one case from Madras High Court please give me in details...

Posted 23rd November 2007 From India, Mumbai

Dear Jepee,
As per your statement the employee is eligible for gratuity. As per gratuity Act minimum five years continue service required for the eligibility of gratuity or minimum 240 days in every five years.

Posted 23rd November 2007 From India, Gurgaon
Hai Jepee,

An employee is eligible to gratuity if he is having less than 5 years of continuous service. In LALLAPPA LINGAPPAS Case (1981 ILLN 347) Supreme Court had held that gratuity is payable only for the years an employee puts in a minimum attendance of 240 days per year. But Section 2A of the Gratuity act has not been amended hence it is not valid. As per amended section 2a(1) for regular employees there should not be any minimum attendance test however the 240 days stipulation would be applicable to casual workers who are attracted by section 2A(2).


Reebi Jose.

Posted 23rd November 2007 From India, Pune

See the post of Anita in Legal section for a host of views.

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V.Sounder Rajan
VS Rajan Associates,
Advocates & Notaries,
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Chennai - 600 001.
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Posted 23rd November 2007 From India, Bangalore


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