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Srinath Sai Ram
Hr Manager
Vidyadhar Bhat
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Brijendra_Singh
Hr & Admin Manager
Rejoicehr
Business Manager
Smalloo
Senior Manager
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Thread Started by #Sundar1959

Respected Seniors,
Time and again by quoting your various opinion that GRATUITY is payable at the first instance only on completion of 5 (five) continuous of service and certainly not on completion of 4 years..240 days plus ...
You have clarified lot more times that this 240 days to be considered as one full year only from sixty year of service onwards.
I am sure The Payment of Gratuity Act is not amended to 4 years + 240 days .... effect.
I need one last clear , updated opinion from you all.
Thanks in advance and with best personal regards,
B. Sundararaman
SGS Ventures

HR, IR Consultant
28th January 2015 From India, Madras
As per the Gratuity Act 1972 ,Eligibility of Gratuity is 4 years plus 190 days for the employees who work in the mines or company which works for 5 days a week.
Additionally, its 4 years plus 240 days for the employees who work for a company which works for 6 days a week.
A most of people mistake it for 5 years, per Se. Also, please note , its 240 days, NOT 240 working days. Leaves, sickness etc are to be also to be included in the period of 240 days.
Hope this answers your query.
28th January 2015 From India, Mumbai
I agree with Bijendra Singh has mentioned it is 4 yrs and 240 days work and this includes leave, sickness etc.
28th January 2015 From India, Pune
Hi
Even there is a Madras High court judgement on 4 years and 240 days clause for eligibility for Grautity
on the 5th year once 240 days crossed, the employee is eligible for Gratuity, that is the verdict of Madras High court
regards
r sudhakar
28th January 2015 From India, Bangalore
Dear Mr. Sunder,
There is only case low to eligibility to pay Gratuity for 4 yrs and 240 days. Member can apply for Gratuity and should get payment within one month, failing which he can file suit against Company in labour court abd will get justice.
Thanks,
Vidyadhar Bhat
29th January 2015 From India, Pune
I fully in agreement with Sundaram 1959 opinion on gratuity eligiblity.
To eligible an employee to get gratuity, he has to serve minimum 5 years. The question of working 240 days in any year comes only after the entitlement of gratuity. In case, in any of the year after being eliible an employee for gratuity, if he has remained absent or LWOP, in such cases question of 240 days of working comes in operation.
I have not seen the Madras High Court judgement, in details. However, if there is any such judgement, it will operate only for the area of jurisdication of Madras High court. The industries in the other state will not requie to follow this judgement.
30th January 2015 From India, Mumbai
Please go thru' the attachment.
31st January 2015 From India, Bangalore

Attached Files
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File Type: docx Gratuity eligibility for less than 5 yrs. (4yrs.240days).docx (35.8 KB, 1416 views)

The judgement of Hon'ble High Court of Madras binding only on the subordinate courts in Tamilnadu only. It will not binding on the courts in rest of India. As per provision of Payment of Gratuity Act, continuous service of 5 years is a must.
2nd February 2015 From India, Guntur
The judgement of Hon'ble High Court of Madras binding on the subordinate courts in Tamilnadu only. It will not binding on the courts in rest of India. As per provision of Payment of Gratuity Act, continuous service of 5 years is a must. From the sixth year onwards 240 days will be taken in to consideration.
NARRA LOKANADHA BABU
MANAGER-HR
2nd February 2015 From India, Guntur
I worked for 4 years and 283 days as Senior Manager in a Publishing company. They denied my gratuity taking the advantage of gratuity law of 5 years. Filed a case with labor authority in Pusa Road.
I've taken the case of Madras High court which stands clearly in my favor. But the authority is asking for any similar case in Delhi High Court or Supreme court.
Cout you help me in searching it.
Thanks
Sanjay Malhotra
+919811548594
14th October 2017 From India, New Delhi
Dear Smalloo, you have to file your Gratuity Claim before Assistant Labour Commissioner/Controlling Authority.You justify your eligibility based on Judgement, you have referred.The Authority has to adjudicate the matter & pronounce judgement based on available material on record
14th October 2017 From India, New Delhi
There is any case of 4 years and 240 days in Delhi high court or Supreme Court to support my case. Could you share the pdf.
16th October 2017 From India, New Delhi
There is no judgment of this nature except Madras High Court and Kerala High Court.
18th August 2018 From India, undefined

Attached Files
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File Type: pdf 13_13_gratuity_20_20madras_20hc_20judg_5b1_5d_1_.pdf (1.55 MB, 21 views)
File Type: pdf Sreeja.B_vs_The_Regional_Joint_Labour_..._on_24_March,_2010.PDF (212.0 KB, 26 views)

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