suresh ingole
I have completed 4 years 7 months & 4 days in my company. However, my HR is saying your not eligible for Gratuity. But I am for 5 days a week model. & as per act for 5 days a week, the 190 days rule is applicable. Kindly advise on this.
From India, Pune
Labour Law & Hr Consultant
Suresh Ingole
Sr.quality Analyst

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Certainly you are eligible for and entitled to gratuity under the PG Act,1972 as per the interpretation of the definition clause of the term " continuous service " by the hon'ble Madras High Court in its judgment in the Mettur Beardsel Ltd case. Since probably you are from the State of Maharashtra, your employer may argue that he is not bound by the judgment of the other State HC. Such a contention is totally untenable in view of the fact there exists no contrary judgment by any other HC as well as the Supreme Court as the PGA,1972 is a Central Legislation with country wide application.
In case of refusal by your employer on this ground, you file a claim before the Controlling Authority under the Act for necessary direction for payment of gratuity with interest and cost.

From India, Salem

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