dear rajeev
if we will read the act carefully and interpret the definition of continious service than ,yes,240 days makes the completion of one years service concept and if someone completed 240 days in fifth year,gratuity should be given to him.but no one gives it and take benefit of applicablity clause.
regards
j s malik

From India, Delhi
What was the last supreme judgement on eligibility for payment of Gratuity? Weather Contract Employees above 7Yrs of service are entitled for Gratuity? Thank in advance
From India, Mumbai
i worked in ICFAI at panjagutta from Dec 2004 to Jan 2010, while joining they given me contract period for one year later they kept me in roles and in roles they changed the company name as ICFAI Foundation, again after one year they changed ICFAI Academy. they r saying that u are not eligible for gratuity because u have not completed 5 years.
Pl. give me replay, and wht shld i do.

From India, Hyderabad
Sir,
As per your this post it means Madras High Judgement is correct, and if a persons has worked for 240 days in 5th year then will be eligible for Gratuity. And sir i think Jugdements passed by Hon'ble Supreme Court of India became law by virtue to Article 141 of Constitution of India and have binding effects on all subordinate courts, and also in case of High Courts.
So it became rule but need to notify.


Sir,
As per your this post it means Madras High Judgement is correct, and if a persons has worked for 240 days in 5th year then will be eligible for Gratuity. And sir i think Jugdements passed by Hon'ble Supreme Court of India became law by virtue to Article 141 of Constitution of India and have binding effects on all subordinate courts, and also in case of High Courts.
So it became rule but need to notify.[/QUOTE]

From India, Gurgaon
My date of joining in a company is 27.06.2008 and date of releasing is 28.02.2013. Am I eligible for gratuity?
From India, Ranchi
Anonymous
Any one please tell, if school did not pay us gratuity then within how much time we can claim. Or go to court. Rajeev
From India, Delhi
Payment of gratuity for less than 5 years say 4 years 10 months, the judgement given by Hon Madras court with reference to a specific case. It should be made general by gazettification, till that time, I feel, It would not applicable generally.
From India, Nellore
Dear Rajeev,
If your employer fails to make payment of gratuity under the Payment of Gratuity Act within one month from the date of separation, you may file an application before the Controlling Authority under the Payment of Gratuity Act who shall initiate proceedings by summoning the employer and pass orders in your favour subject to your eligibility.
Regards

From India, Mumbai
A company has asked his regular employee to go. Company has paid 3 months notice period as per his policy. That employee had completed 4 years & 11 months in continuous service in that company.
Will he eligible for Gratuity?
Please share your views & if there is any ruling on this also please share.
As per my view he should be paid Gratuity.

From India, Delhi

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