Suresh P
Hr Professional
Muralikandukuri
Director Of Human Resources
Vaishalee Parkhi
Hr Consultant & Trainer
+2 Others

Dear seniors,
the gratuity is payable only after completion of 5 years of continuous service under same organisation.in case the employee has worked for 4 years and 9 months can he claim gratuity ?
If we consider the provisions of industrial dispute act - 1948, person who has worked for more than 240 days in continuation is deemed to have completed continuous service of one year.
Can the period of 240 days in fifth year be considered as completed service of 5 years. What are the provisions under the payment of gratuity act - 1972.
Prasanna n.pathak.
10th May 2011 From India, Pune
Hi,
If you have worked worked 240days in 5th year, you can claim grauity under Payment of gratuity Act.
If employee has completed 4 yrs and 240 days in the firth year comntineously he/she would be eligible for gratuity.
With Best Regards,
Priyadarshini
11th May 2011 From India, Bangalore
Hello Mr. Prasanna Pathak, If one has completed 4 yrs. and 240 days, can claim gratuity for full 5 years. Regards, Vaishalee Parkhi
11th May 2011 From India, Pune
Dear all
This subject was very deeply been discussed in the past in citeHR. You may please search in this site, you will get complete and authentic answer which includes Madras High Court's ruling which is as of now valid.
Suresh
12th May 2011 From India, Pune
All,
I dont think one would become eligible to claim gratuity after 4 years 9 months. The first criteria to accomplish is completion of 5 years and subsequently 240 days in each year.
Please read the act carefully.
Regards
Murali
12th May 2011 From India, Chennai
Hello Mr Pathak
I think views which has been expressed by Sri Murali is right. The eligibility criteria for qualifying the payment of gratuity claim is five yrs continuous/uninterrupted service. In the past also the matter was discussed in the citeHR and several valuable authentic documents etc. ,rules, acts are available.
12th May 2011 From India, Koraput
Madam, Yes he is eligible to claim Gratuity. Please refer Madras High Court Judgement on this subject. The same is also available on this site. With Regards. PRASANNA PATHAK. 9822790693
10th March 2014 From India, Pune
Dear Mr. Murali,
not necessary to complete 5 years of service. 4 years and 240 days of uninterrupted service is enough to claim the Gratuity. Please read the judgment given by MHC attached here under. Marked sentences will give the clarity on this.
Regards
KAR

7th July 2014 From India, Bangalore

Attached Files
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File Type: pdf Madras High Court Judgment - Gratuity.pdf (2.73 MB, 138 views)

I resigned from organization after completing continuous service of 4 years 11 months and 12 days. During my full and final settlement, the company refused to grant me gratuity stating that i have not completed 5 years of service.
I have raised the issue on grievance portal. After several reminders, finally i have been send notice from 'Office of the controlling Authority Under the Payment Of Gratuity Act' to appear before them with all proof and witness for justifying my claim.
Please suggest what should i do now?
21st August 2018 From India, Bhubaneswar
I resigned from organization after completing continuous service of 4 years 11 months and 12 days. During my full and final settlement, the company refused to grant me gratuity stating that i have not completed 5 years of service.
I have raised the issue on grievance portal. After several reminders, finally i have been send notice from 'Office of the controlling Authority Under the Payment Of Gratuity Act' to appear before them with all proof and witness for justifying my claim.
Please suggest what should i do now?
27th August 2018 From India, Bhubaneswar
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