Dear Friends,
I am sharing you a attachment of a Madras High Court Judement, under Payment of Gratuity Act in which the Eligibility of an employee to claim gratuity under the Payment of Gratuity Act, has been clarified by interpreting the continious service as 4 years and 240 days, as minimum elegibility criteria for claiming gratuity.
2nd November 2009 From India, Mumbai
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India, Mumbai
Human Resource And Labour Laws
India, Gurgaon
India, Hyderabad
Hr Prof.
United States, Bentonville
Ethical Standards
+2 Others

Hi Satyam, Thanks a lot for posting a very valuable information. Reply With Quote As i am facing a same problem .now i think i can solve my problem. Thanks a lot narender singh
4th March 2010 From India, New Delhi
Hi All,
Would like to know about latest updates on Payment of Gratuity.
I understood from this judgement that 4 years continuous service & 10 months & 18 days of fifth year is treated that employee is eligible for gratuity , is an employee is eligible if he has completed 4 years continuous service & 258 days of fifth year?
Please help on this or provide if you have any information about latest amendments in act.
Many thanx in advance.
13th May 2010 From India, Hyderabad
If he has completed 4 years continuous service & 258 days then he is eligible for gratuity. in the judgment which is attached to this thread, it was held that, 4 years and 240 days will be the minimum elegibility criteria for claiming gratuity.
14th May 2010 From India, Bangalore
Hi Satyam
Thanks a lot for posting a very valuable information , however I would like to have your comments on my concerns .
This is a case not sure on what basis the conclusion was made. I believe that this could be a benefit for those who are asked to leave the company by the management but not for those who leave the company on thier own. In my opinion unless there is a amendment passed that completion of 4 years and 240 days is a eligibility criteria this cannot be effected as a practice.
I welcome exeperts thoughts .
4th November 2010 From United States, Bentonville
A concern employed a person on part time basis or contract basis to maintain its accounts. Thus person thus employed for accounting work gets remuneration on monthly basis from this concern. He is a full time employee of some other concern. Whether can he said to be employee under Payment of Gratutity Act and entitled for gratuity? Whether can he said to employee so as to include him in counting limit of ten employees so that Payment of Gratuity Act becomes applicable to others?
15th November 2010 From India, Mumbai
whether a car driver of proprietor of a proprietory concern can be said to employee under Payment of Gratuity Act?
whether an individual comes only for cleaning office in the morning and goes away and does not do any other work can be said to employee of that concern under Payment of Gratuity Act?
15th November 2010 From India, Mumbai
Dear KP , the payment of gratuity act 4 year and 240 days TX Umesh Maurya (Advocate) Labour Laws
18th August 2012 From India, Gurgaon

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