Insolvency N Gst Professional
Korgaonkar K A

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Hi guys,
I have worked for a PSU in india for 4 years and 9 months and have recently resigned to move to some private firm(serving my notice period currently). I am aware of the fact that there is a Supreme Court ruling that the eligibility for gratuity is 4 years and 6 months of continuous employment for a company that runs five days a week. My HR dept is not agreeing to release my gratuity citing that they arent aware of any such ruling. Can someone here help me and tell if i am eligible for thr gratuity, if yes? how can i go about getting it released from my employer.
Thanks and Regards

From India, Mumbai
Dear Friend,
You are advised as under:
Please go through various discussions on this forum on same subject and come to your own conclusion. If you conclude that you are eligible for Gratuity, convince your management. If your management doesn't convince, take legal course of action against the management to get Gratuity.
Please do not forget to report the outcome of your matter in this thread for the benefit everyone.

From India, Mumbai
This confusion about 4 years 9 months or 5 complete years has been persisting. Not a single querist has come back and given proof that he got the payment released after serving 4 years 9 months.
From India, Pune
Dear Nathrao ji,
Even there is an incident of paying Gratuity on 4 years 9 months service by any company otherwise in Chennai and Kerala, it does not mean there is a Law to pay it. I stand on my "say" till such time there is a verdict by respective court.
Company can pay anything more than Law.

From India, Mumbai
Dear Keshavji,
I do agree mere voluntary act of payment of gratuity to exiting employee with 4years 9 months service does not make it a law or compulsion for other employers to follow suit.
My only point is this topic has been argued several times in several threads but as i said no body is bringing the case of exiting employee getting gratuity with 4years 9 months service.

From India, Pune
The act says one need to complete five years of service. You calim that you are eligible but your employer does not cosider so. Now only option for you to take shelter under law as per your claim.
From India, Mumbai
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