Harsh Kumar Mehta
Consultant In Labour Laws/hr
Statutory Complaince/labour & Employment
Asst. General Manager - Hr & Ir
Compliance Executive
Asst Manager Hr
Executive Accounts
+8 Others

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Dear Collegeue,
Can I have insight in to the application of Gratuity act on laibility of the Company to pay gratuity, if the employee has completed the service of 4 years and 240 working days, but not 5 years.
I shall be greatful, if you can share any amendments of Gratuity Act, verdit of Supreme Court / High court in this regard.

Dear Anil, As per the Gratuity Act, 1971 every employee is eligible only after completion of 5 years continuous service in one industry. Below 5 years service is not eligible. Rgds PGR
There is a judgement from Madras High Court which is enclosed herewith for your reference

Attached Files
File Type: pdf 94783-gratuity-eligibility-4-years-8-months-service-gratuity-judgement-240-days.pdf (1.46 MB, 15071 views)

Hi to all,
I'm working in a private limited company past 5yrs, i came to know that gratuity policy is not undertaken in this company, in that case, will i not get any gratuity benefits i need to know?

Dear All, Is this judgement applicable all over India? Regards, Aparna Singh
The judgment from Madras High Court is applicable for that particular case, but the said judgment can be referred while challenging any company for gratuity. The supreme court judgment can only be applicable for all over india
Dear members,
If you have any suggestions, please forward or share your experience, if you have come across such similiar sitiations in the past.
The above discussins are not concluded about the subject matter of payment of Gratuity after 4 years and 240 working days.

Employee upon completion of 4 years and 240 working days is eligible for Gratuity. I have got the claims processed & settled for my colleagues with 4 years and 240 working days.
Dear Mr Anil Kumar, As per the gratuity act an employee who completes 4 years and 240 days is eligible for gratutity of 5 years. ~DM~
Dear All, It will be highly appreciated your sharing of experience/participation to form a general opinion with respebt to the subject matter. Anil

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