I worked for a public sector bank for 4 Years 10 months and 13 days from 28 Nov 2013 to 11 Oct 2018 . I requested them for gratuity in writing, but they rejected my application stating you have not completed the minimum required length of service in Bank.As per “Payment of Gratuity Act, 1972”, the minimum leangth of service required to be eligible for the gratuity is 5 years.
10th January 2019 From India, Rohtak
The Payment of Gratuity Act provides that an employee who completes 5 years of continuous service is eligible for gratuity. However, an employee is considered to have continuous service if he has worked for 240 days (190 days for employees working below the ground and those working for less than 6 days a week) in a year. This provision has been interpreted to mean that one year means 240 days of working and accordingly the High Court Kerala and Madras High Court have ordered payment of gratuity to two employees who challenged the decision of the employer and the Controlling authority under the Payment of Gratuity Act. many have cited these two cases as directions to pay gratuity to those who do not complete 5 years but have just 240 days service in the fifth year. Since there has been no amendment to the Payment of Gratuity Act followed by the above interpretations of the court, any employer who refuses gratuity to those who have not completed five years of service will be doing it on good faith. But you can file a complaint before the controlling authority citing the cases, viz, Mettur Beardsel Ltd Vs RegionalLabour Commissioner (1998 LLR 1072) and Sreeja Vs Regional Joint Labour Commissioner (2015 LLR 826)
10th January 2019 From India, Kannur
5 years continuous service is mandatory for becoming entitled for gratuity.
Two/three cases in various states have given some rulings of 4 years 240 days in fifth year of service but it does not become a license to serve 4 years 240 days and quit to ask for gratuity.
Any person in those 2 States where Honble HC has given the rulings regarding gratuity will probably have to court and/or Labour department with a complaint to get gratuity on completion of 4 years 240 days continuous service.
The person should have completed 5 years and then left,after all in this case person had completed more than 300 days of service in 5th year.
10th January 2019 From India, Pune
Agreed with Madhu T.K. 5 years continues service is required you are entitle for payment
11th January 2019 From India, Ghaziabad
To eligible for Gratuity under the Payment of Gratuity Act one has to complete a minimum continuous service of 5 years. Once he become eligible, then question of working is comes in to picture. In case, any of the employee after completing of 5 years of continuous service, if question arise if in any of the years has not put in complete year of service, for that particular year of service is he eligible, then it has to be ascertained if he has put in 240 days of service in that particular year to consider that particular year for gratuity calculations.
Since honorable Kerala & Madras High Courts given judgement as referred, it will be applicable to the industries in their jurisdictions.
14th January 2019 From India, Mumbai
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