Eligibility for Gratuity - 4 years 8 months and 20 days ??

teotiamanoj · #11 29-10-2008, 12:42 PM

Hi,
For gratuity 240 days to b completed in the last fifth year, i.e. if any employee has worked 4 year 240 days in organisation then the are entitled for the avaling Gratuity.

krish_pradeep · #12 21-04-2009, 08:43 AM

I have a unique case.
Joining Date: 22nd May 2004
Planned Last Working Day: 8th May 2009

In this case is the person eligible for receiving gratuity

R.N.Khola · #13 21-04-2009, 04:03 PM

Dear

According to the strict preposition of the Payment of Gratuity Act, 1972 ,you are also sailing in the same boat. We have heard that one of the Hon'ble H C have given a judgement to the effect that if any employee works for 240 days & above during the fifth year then that employee will also become eligible for receiving gratuity amount but without going through that judgement no one can advised you to file a claim case before the Controlling Authority under the Payment of Gratuity Act,1972. Due to this hearsay we are facing these types of expectations in the field.

Regards,

Regards,

R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
09810405361

Kuldeep Kaushik · #14 03-11-2009, 09:58 AM

Quote:

Originally Posted by Madhu.T.K

You are not eligible for gratuity since you have not completed 5 years. The question of 240 days comes into picture for deciding whether an employee was on continuous service or not and as such a person who had worked for 240 days (above the ground or 190 days below the ground) in a year is deemed to have continuous service for that year.

The provisions relating to six days week and 190 days of work was provided after the ruling by the apex court in Lalappa Lingappa Vs Laxmi Vishnu Texiles Mills, Sholapur, to safeguard the interests of those employees who would be denied gratuity for want of minimum days (240) in between the years. Here also completion of 5 years is mandatory. Once eligible for gratuity, if in any year one has not worked for 240 days, that year can be counted as continuous provided he was working for at least six days in a week and had worked at least for 190 days in the preceeding year.

Regards,

Madhu.T.K

Sir,

I am also having same problem as one of our employee has worked for 4 Yrs. 09 Months and 20 days in our organisation.

Regards,

Kuldeep Kaushik
09896991465

R.N.Khola · #15 03-11-2009, 03:12 PM

DearKuldeep,
Strictly according to the P G Act, 1972 the employee is not entitled to gratuity payment as he have not completed five years of service but the Hon’ble Madras HC in the case of Mettur Beard Sell Ltd Versus RLC has decided the same type of issue. It was held that any employee who completes 240 days of service in a year in the 5th year will be deemed to have continued in service for one year as stipulated by sec. 2A of the Payment of Gratuity Act. It was held that an employee who has put in his services for 10 months and 18 days for the 5 year subsequent to first 4 years should be deemed to have completed, continued service of 5 years and is entitled for gratuity. Therefore go through the judgement & discuss the matter with your management & take decision accordingly at your level.1998 LLR 1072 Mad H.C.

Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
311, AKD Tower, Sector 14, Gurgaon
09810405361

IshmeetKS · #16 04-11-2009, 08:33 PM

Hi,

I have been working for a company for 5yrs 7 months and 23 days. Will I be paid for 5 yrs or will it be rounded of to 6 yrs?

Thanks
Ishmeet

R.N.Khola · #17 05-11-2009, 11:40 AM

Dear Ishmeet ,

If this Act is applicable to your unit then you are eligible to have gratuity payment considering service as 6 years.

With Regards,
R.N.Khola
Sr. Associate
Skylark Associates, Gurgaon (Haryana)
(Labour Law & Legal Consultants)
311, AKD Tower, Sector 14, Gurgaon
09810405361