Umakanthan53
Labour Law & Hr Consultant
Nathrao
Insolvency N Gst Professional
Devashree N
Gm- Training & Hr

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Dear All, I had a concern with my current company related to gratuity eligibility.
I was appointed on 25-jun-2014 as DET(Diploma engineer trainee).
Now i have completed 5 years 8 months and 25 days including my 1 year of training in the beginning, which was not under apprentice act.
Will i be eligible for gratuity, because HR person is saying 1 year of training will not be counted.
Please help me to understand this situation. Anticipating your favourable response at the earliest.
Thanks,

Dear friend,
An employee is entitled to gratuity on termination of his/her employment due to any reason mentioned u/s 4(1) of the PGA, 1972 including the period spent as trainee. As per the judgment of the hon'ble High Court of Orissa in CMD, Orissa Mining Corporation v Controlling Authority ( 1995(1) LLJ 381), the term "employee" u/s 2(e) of the PGA, 1972 covers trainee also. Therefore, you are entitled to gratuity right from the date of your entry into the organization as a trainee. It may be the personal view of the HR due to his superfluous understanding of the definition. Approach the management with a copy of the above judgment.

Gratuity query
With regard to gratuity, there is a difference between an "apprentice" and "trainee". If you are an "apprentice" as per the definition under the Apprenticeship Act, then your training period is not included for calculating the entire service period. But if you are a "trainee", then you can file a claim for including the training period in the entire service period, subject to the provisions of your employment agreement/ appointment letter.

Dear Sir, I have completed 4 years and 6 months in pvt company. Am i eligible to get gratuity benefit? Pl. guide. N. Devashree
Rule for gratuity is 5 years of continuous service. So please wait for full 5 years before submitting resignation or quitting the company.
It is 4 years and 240 days to be served for being eligible for Gratuity.
. "Judgment from Supreme Court: "Yes, by virtue of the judgment of Supreme Court rendered under the provisions of the Industrial Dispute Act in Surendra Kumar Verma vs. Central Govt. Industrial Tribunal,[(1980) (4) S.C.C.433)], it is enough that an employee has a service of 240 days in the preceding 12 months and it is not necessary that he should have completed one whole year’s service. As the definition of continuous service in Industrial Dispute Act and Payment of Gratuity Act are synonymous, the same principal can be adopted under the act also and hence an employee rendering service of 4 year 8 months 25 days (even if your training period is excluded) is considered to have completed 5 years continuous service under sec.4(2) and thereby is eligible for gratuity."

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