Vikramlamhe
Hr Professional
Malikjs
Gm (hr)
Premkumar Nair
Manager (hr)-retired
Essykkr
Statutory Complaince/labour & Employment
Rajeev Verma
Hr Professional
BT4310
Legal Matters
Ulysesamit
Retired
+6 Others

Recently I came to know that :
As per the latest judgement of honourable Supreme Court-

An employee is eligible for gratuity if he has completed 4 years of continuous service and 240 days continuous working in 5th year.

But I am not able to get the ruling. Does any body has that then please share that.

From India, Delhi

In the absence of Master-servant relationship contract labours are not entitled to salary on par with regular employees.(Unreported Judgment dated: August 21, 2007 – Canteen Mazdoor Sabha V/s. Metallurgical Engg. Consultants (I) Ltd. & Ors. - Supreme Court).
From India, Mumbai
I have come know beside Madras High Court Judgment , there is one supreme court judgment on this issue. Can somebody share it with the citehr members?
From India, Delhi
Dear All, I was able to get the Madras High Court ruing, attaching here with.
From India, Delhi

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Dear All,
I need some information on eligibility for gratuity. I would be much thankful if anyone could help me with any court rulings to that effect. The matter is as follows:-

A retired Gov. Doctor works for a private hospital for nearly six years after retiring from service getting all benefits, gratuity, P.F, etc;
My question is - Is he eligible for and is the Hospital liable to pay him any monies towards gratuity?
Can a doctor be considered as an employee?


-Joseph Alex
From India, Kochi
Dear Joseph,
Doctor is also an employee as other empolyees, hospital is laible to pay the Gratuity, there is no age bar in the Payment of Gratuity Act,1972.
After the amendment in the act in the year 2008, teachers are also covered.
From India, Delhi
Dear Rajeev, Thanks for sharing Madras High Court Judgment on Gratuity, I am sharing SC Judgment on the same issue.
From India, Delhi

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File Type: doc Case Law on Gratuity.doc (70.0 KB, 4789 views)

dear rajeev
i have posted my views earlier also still i donot agree that if if someone has completed 240 days in fifth year than he is eligible for gratuity.dear if madras high has given decision in one particular case than there should be amendment in gratuity act and applicablity clause should be changed.if it mentions five years than it will be five years only.
if we insure our gratuity with LIC ,than they also pay after completion of five years only.
tks
j s malik
From India, Delhi
A friend of mine who works as an administrator in a hospital told me that recently there was a ruling that a doctor cannot be considered as an employee, I dont have the ruling as he is not clear about it. I'm working on finding it, but still nothing has been found. Is there a possibility that this may be true? Could you please help me out ?:huh:
From India, Kochi
Dear Malik,
you are absolutely right. Only amendment in the Act can change the eligibilty for the Gratuity.
I know that even after that ruling everybody is paying the Gratuity as per the Gratuity Act. This is not that after that ruling Company will start paying the Gratuity as per the ruling but atleast we should be aware about this.
From India, Delhi
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
Can any body help me in the case of gratuity-if i have worked for 28 years in Govt job,but due to the lower court decision my servic got terminated,but i appealed the same in the High court where it is under proceedings againt the lower court decisions,can i could get my Gratuity for my 28 years services.
From India, Ranchi
I have a question.
If anybody retire on due date but not completed 5 years of service due to late joining whether he will be eligible for gratuity or not ?
I do remember there was one judgment on this issue and SC awarded favorable decision.
Members are requested to focus and pl share a copy / reference of such decision.
From India, Pune
There is no reason to wait for amendment in the Act to change the eligibility for the Gratuity , as per my view. This may invite the litigation in future.
From India, Pune
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