Anonymous
2

Dear Sir,
I worked in my last company from 01.Nov.2007 to 15.Sep.2012, total 4yrs 10 month & forteen days.
Am i eligible for gratuty.
Please help
Regards,
Amar Srivastava
Mob: 9958400322,
Gurgaon (Haryana)

From India, Gurgaon
Dear Amar ji,
Surenderji is correct in replying you. However, you can make request to your employer. It is up to the employer whether to accept your request or not. If I am your employer I will not accept. Why should I accept a request of a person who is departing me?
You are requested to go thru' earlier threads/ postings in same subject including of me.

From India, Mumbai
Dear Surender Ji, I read the threads & found a judgement of madras highcourt for gratuty as per attachment, which is i think 4 yrs & 240 days, Please confirm if i am correct.
From India, Gurgaon

Attached Files
File Type: pdf Madras%20High%20Court%20_%20Gratuity%20Judgement.pdf (1.55 MB, 368 views)

Yes, I agree with Mr. Keshav ji.
A wide discussion has already been made on the subject matter.
It is still a grey area inspite of a judgment of HCM.
The Querist may visit other threads on the same issues made on this Citehr.
pkjain

From India, Delhi
If you have worked 240 days in last year (including valid leave days ) you are entitled.You should file gratuity claim to your employer first ,it the employer failed to make payment of gratuity within 30 days from separation of service ,you may file application for gratuity before the controlling authority of your ares (Labour Commissioner)
From India, Patna
Dear Anand ji,
If you have any case in which controlling authority has directed the employer to pay Gratuity under similar circumstances, then please share it with The HR Community.
You are advised to go thru' earlier threads and postings in same subject matter by some of members and review your view.

From India, Mumbai
Please find the order of the Honble,Court and take legal steps for Gratuity Claim Anand
From India, Patna

Attached Files
File Type: pdf PG ACT Cont service.pdf (1.55 MB, 282 views)

Dear Anand ji,
With due respect to you, I say that you have responded without going thru’ the earlier threads and postings in the same subject by some of our colleagues. I am giving a link of one of the threads for your ready reference in which many points are discussed including the case law you have given in your above posting.
https://www.citehr.com/437987-grartuity.html
After reading the above thread and postings in the said link, you can have your own view or inference which may be different than me and other colleagues.
Dear Anand ji, I appreciate your posting. We have to learn (and unlearn also some things) by this way only. All the best.

From India, Mumbai
Dear Anandji ,
After completion of 240 day an employee is not entitled to get Gratuity , Pls refer Gratuity Act ,. What act is saying An employee entitiled to get Gratuity if he complted the 5 years continious working then he will get Gratuity as per below formula
Basic + DA * 15/26.
I thing this helps to get right information..
Devendra

From India, Pune
Dear Anand ji, For gratuity claim minimum continuous year of service must be 4 yr & 240 days by an employee. with regards Manoj
From India, New Delhi

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