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#Anonymous

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)
23rd December 2012 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.
23rd December 2012 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.
24th December 2012 From India, Gurgaon

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File Type: pdf Madras%20High%20Court%20_%20Gratuity%20Judgement.pdf (1.55 MB, 355 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
24th December 2012 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)
24th December 2012 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.
24th December 2012 From India, Mumbai
Please find the order of the Honble,Court and take legal steps for Gratuity Claim Anand
24th December 2012 From India, Patna

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File Type: pdf PG ACT Cont service.pdf (1.55 MB, 265 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.
24th December 2012 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
25th December 2012 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
25th December 2012 From India, New Delhi
Dear All,
It is correct that after completion of 4 year and 240 days employee can claim the Gratuity as the same is not defined in Payment of Gratuity Act but as the decision attached it can be claimed.
Thanks,
Ravindra Kumar Dubey
Personnel Officer
Allanasons Limited
9311210795
25th December 2012 From India, Phagwara

Attached Files
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File Type: pdf Supreme Court Decision on Gratuity Act 1972.pdf (380.6 KB, 348 views)

The act specifically mentions that an employee is entitiled to get Gratuity if he has completed 5 years of continious working as per formula herein below:- Basic + DA * 15/26. regards, SK Tyagi
25th December 2012 From India, Delhi
I think the Madras HC's decision in this regard is also upheld by the SC.
I.e. 4 years and minimum 240 days physical working in the 5th year - the period is eligible to get gratuity.
Experts pl confirm.
25th December 2012 From India, Pune
The gratuity eligibility as per Gratuity Act 1972 is 5 years of continuous service. Sub section (2) of section 4 is for calculation of gratuity and not for the eligibility of gratuity.

But as per the judgment of the 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. On the day when he completes his 240 days in the 5th year he will be eligible for gratuity.

The judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 10months 11days is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

Now almost all organizations are paying gratuity if an employee has completed 4 years of continuous service and 240 days continuous working in 5th year.
25th December 2012 From India, Pune
Dear Ulhas ji,
You said, as per the judgment of the 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. On the day when he completes his 240 days in the 5th year he will be eligible for gratuity. I wish to ask you, where is such judgment?
The Supreme Court judgment in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)] is under ID Act and not under Gratuity Act. By virtue of definition of continuous service under ID Act and Gratuity Act is synonymous; it may not be, according to me, appropriate to adopt it in Gratuity. Both the enactments are different with different purpose / object.
Even many employers ( not almost all) are paying gratuity now a days on completing 4 years and 240 days in 5th year, you can not compel any employer to pay Gratuity under such circumstances.
25th December 2012 From India, Mumbai
Dear All
We are paying the bonus to contractual employees as per the act . but the unpaid amount of bonus where to paid, is take back to our Acoounts dept, or whetehr it should be paid to Welfare office Mumbai , if yes have a format , or let me know the procedure how to paid?
Devendra.
26th December 2012 From India, Pune
Deven ji,
Under section 6A of Maharashtra Labour Welfare Act, unpaid Accumulation means any payments due to the employees but not made to them, such payment / unpaid accumulation is to be transferred MLW Board within a period of 3 years from the date on which they became due.
All unpaid accumulations shall be deemed to be abandoned property.
26th December 2012 From India, Mumbai
dear sir,
thanks a lot, as per court decision 4 yrs 240 days in eligible for gratuity, my hr head of last company discussed this issue a lot & decided to give me the gratuity, finally i have got the same, thx to all
12th October 2013 From India, Gurgaon
four years continues service means how many days need every year
7th March 2018 From United Kingdom, London
can any one have knowledge about - four years continues service means how many days need every year ?
18th March 2018 From India, Bengaluru
I am happy it helps to follow rules of GOV taking Sekhar
4th May 2018 From India, Hyderabad
Dear Sir,
I worked in my last company from 01 apr 2013 to 31 mar 2018, total 4yrs 11 month & nine days.
Am i eligible for gratuty.
Please help
Regards,
Rama Shankar Gupta
Mob: 8840566188,
26th July 2019
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