Query
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.

5th June 2008 From India, Delhi

PARTICIPATING IN DISCUSSION:
Vikramlamhe
Hr Professional
Malikjs
Gm (hr)
Premkumar Nair
Service - Hr With Psu
Essykkr
Statutory Complaince/labour & Employment
Rajeev Verma
Hr Professional
BT4310
Legal Matters
Ulysesamit
Retired
+6 Others

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).
6th June 2008 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?
3rd March 2009 From India, Delhi

Dear All, I was able to get the Madras High Court ruing, attaching here with.
13th March 2009 From India, Delhi

Attached Files
File Type: pdf Gratuity - Madras HC judg[1]..pdf (1.55 MB, 5793 views)


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
26th May 2009 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.
26th May 2009 From India, Delhi

Dear Rajeev, Thanks for sharing Madras High Court Judgment on Gratuity, I am sharing SC Judgment on the same issue.
26th May 2009 From India, Delhi

Attached Files
File Type: doc Case Law on Gratuity.doc (70.0 KB, 4638 views)


malikjs 145
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
26th May 2009 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:
17th June 2009 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.
21st June 2009 From India, Delhi


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