Nathrao
Insolvency N Gst Professional
Vmlakshminarayanan
Sr.manager - Hr&admin
+1 Other

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Dear Sir,
I have worked in an organization for a period of 4 year 11 months and 10 days ( Includes notice period). The details are as following
Date of Joining: 26- May - 2014
Last working Day : 10 - May-2019
Sir, please let me know that
Can I eligible for gratuity or not

Hi Satish,
Greetings!!!
You are eligible for Gratuity .
Please check all the conditions mentioned in the Madras HC judgement for more clarity.
Some of conditions like Continuous service for 240 days and other.
Please refer.


Attached Files
File Type: pdf 94783-gratuity-eligibility-4-years-8-months-service-gratuity-judgement-240-days.pdf (1.46 MB, 350 views)

This judgment applies only for TN. Jurisdiction of Madras HC
Dear Sir,
Greetings!!!
As per my understanding
5 Years Continuous Service
You will get the gratuity only after the completion of 5 years in the service. Also, there should not be any break in the service. It must be continuous.
Note, the condition of 5 years service has a small relaxation. In the last year, mere service of 240 days would be considered as one year. Hence, You would be eligible for the gratuity after 4 years and 240 days of continuous service.
If are working in an organisation which works for 5 days in a week or less, mere 190 days would be counted as last one year. Therefore, in such case, you would be eligible for the gratuity after 4 years and 190 days.
Continuous service means uninterrupted service. But, it does include the interruption due to, leave, sickness or accident. The strike, lay-off, or a lockout is also not considered as an interruption. Indeed, any interruption which is not due to the fault of the employee, would not be counted. But, if you have taken a sabbatical or leave without pay, then your service would get interrupted.
I will share other judgement for reference

Hi sir I’m working in a private firm and I joined in 14/10/2014 now my hr is telling ur going to be terminated so pls advise if I’m eligible for gratuity
Hi sir I’m working in a private firm and I joined in 14/10/2014 now my hr is telling ur going to be terminated so pls advise if I’m eligible for gratuity Await ur advise Regards William
Hi
You will be eligible for gratuity if you leave by current employer by Oct,2019. Two months shortfall is there. Still it is at the discretion of the employer who can consider your Gratuity case considering your loyalty and sincere service for 4.10 years. You have not briefed why you have been informed by your HR that you are about to be terminated.
The Gratuity amount can be forfeited only if your services are terminated due to:
a) riotous or disorderly conduct or any other violent act;
b) Committing an offence involving moral turpitude.
Otherwise employer cannot deny gratuity. You may make a polite request to consider to release Gratuity for you. But it is purely employer discretion whether to consider or not.

The eligibility for gratuity is completetion of five years service but you have not completed five years service. Still, you make an application for gratuity to your employer and let them to decide.
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