rakeshvadluri
3

Pls go through the blog for clarity.
HR SUCCESS TALK: 13 facts one should know about Gratuity Act in India!!.HR SUCCESS TALK: 13 facts one should know about Gratuity Act in India!!

From India, Hyderabad
kishorkulkarni
241

I have seen most of the replies. I expected analysis of the term "Continuous Service" in PGA and the deeming proviso to that definition. It appears that Gratuity is payable only when 5 years of service is completed. But if you consider the definition of "continuous service", it allows you to claim gratuity upon service of 4 years and 240 days in the fifth year. That means 4 years and 8 months service is sufficient to claim the Gratuity. This interpretation is irrespective of the Judgement of Chennai HC.
In the case in hand, there is a service of 4 years and 10 months. Hence, there should not be any difficulty in claiming Gratuity. 5 years of service in actual terms comes to 4 years and 240 days only.
This interpretation is applicable to all over India and not just restricted to the State of TN only.
Adv. K. H. Kulkarni.

From India, Kolhapur
loginmiraclelogistics
1064

Dear friends,

As all you know this subject is the one of a few matters discussed in this forum repeatedly. And again and again same points are pressed by different schools of thoughts, one is for and the other is against. In my view, the stand taken by those who don't advocate 4 yrs.240 days is a pessimistic one rather than based on irresistible sound legal provisions. This I'm saying on the strength of Supreme Court's judgment in the matter of what constitute a "continuous service" i.e. 240 days. As per this judgment it would suffice if an employee completes 240 days of "continuous service" each year. And thus there cannot be a different treatment for the 5th year, being the terminal year i.e.4 yrs. 240 days in 5th year should automatically qualify for minimum gratuity under the Gratuity Act. And I did not see judgments where in gratuity for those not completed full 5 yrs of service legally denied gratuity. I fully endorse the views of Adv. K.H.Kulkarni and feel sorry for those this concept.

From India, Bangalore
Attached Files (Download Requires Membership)
File Type: doc 240 DAYS Case Law.doc (70.5 KB, 196 views)
File Type: doc Gratuity-Case laws.doc (91.0 KB, 163 views)
File Type: doc Gratuity - 4yrs 8months.doc (37.5 KB, 129 views)

Bhumita
He is eligible if he present 240 days in a fifth year.means 4 year and 240 days. In that case he is eligible for gratuity.
From India, Gandhinagar
kamalkantps
314

Dear Mr. Bhaskar,

Please read the Judgment shared by Mr. Sujeet of Madras High Court which is binding on the state of Tamil Nadu. Honb'le Justice Abdul Wahab clearly stated that a person who had been in service of an organization for 240 days or more in fifth year are eligible for Gratuity. If you read the Judgment closely you will find that the person who claimed for the Gratuity in the Case was neither terminated nor died but resigned. Hence there is no question of short period waiving. More over there is no such thing. Mr. Deepak's Friend's Case is exectly the same as the attached Judgment. Even here in Delhi you can claim Gratuity by applying the same principle given under the Madras High Judgement on the subject. Talking of Chennai, it has binding effect and Mr. Deepak's Friend is totally entitled to gratuity even if he resigned. If a company is managing its trust it cannot make its own rules to govern the trust. It can give more but not less than what prescribed under the Act.

I would request you to give it another consideration in the light of the Judgement attached. In my opinion He is Entitled for Gratuity.

From India, New Delhi
Sujit_rane
1

I think Deepak is eligible for the gratuity.as per my knowledge mr Deepak must claim as tod by boss.
From India, Gurgaon
Sujit_rane
1

Sir, I am 100 percent sure that the person is eligible for gratuity as few days back one employee from my company resigned with same situation and I myself have handed over the cheque from lic trust.
From India, Gurgaon
sumitk.saxena
252

In addition to above members i also agree that the concern person is eligible for payment of gratuity in all respect. Thanks & Regards, From, Sumit Kumar Saxena
From India, Ghaziabad
srisaivasu
i want to know about the Gratitude eligibility please suggest the exact days : in few of them mentioned in 4yrs and 240 days eligibility of gratitude in few of them commenting complete 5 yrs pls suggest ..
From India, Bangalore
kamalkantps
314

Dear Vasu,
The minimum eligibility is 4 years and 240 days in 5th year. In this way it becomes 5 years of continuous service and makes a person eligible for gratuity.
Hope your query is answered. Feel free to revert in case of any doubt.

From India, New Delhi
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