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Anonymous
Hi, I worked for 4 years and 9 months in a company as a housekeeping boy in a shopping mall. And they took signed resignation letters from all of us telling us the contract will close on 31st December 2022, as per this date I completed 4 years and 9 months, and they are giving gratuity only who completed 5 years. Am I eligible to get gratuity, how can I ask them?
From India, Jaipur
KK!HR
1530

As per PGA 1972 continuous service of 4 years and 240 days of continuous service suffices entitlement for gratuity under the act. Accordingly, you are entitled for gratuity.
You may approach the employer citing the Madras High Court Judgement in Mettur Beardsell Ltd. vs. Regional Labour Commissioner (Central) & Authority under the Payment of Gratuity Act 1972. (Ref. 1998 LLR1072)

From India, Mumbai
Hem Chandra Tewari
2

Please refer Madras High Court Judgement in Mettur Beardsell Ltd. vs. Regional Labour Commissioner (Central) & Authority under the Payment of Gratuity Act 1972. (Ref. 1998 LLR1072), and accordingly you please submit your claim to your employer, if refuses, please put your grievance to Labour court.

alok-singh1
78

Dear Prashanth,
Gratuity is payable under the payment of the Gratuity Act, 1972. Gratuity is paid to employees who have completed five or more years of service in their respective companies.
Section 4(2) of the act provides that for every completed year of service or part thereof in excess of 6 months, the employer shall pay gratuity to an employee at the prescribed rates. The Madras High Court in Salem Textile Case had held that an employee who has completed 4 years and 240 days is eligible for gratuity.


prashanth-pacchi
Dear alok sir Am i eligible to claim gratuity as you said?
From India, Jaipur
prashanth-pacchi
KK!HR and hem Chandra tiwari sir, thank you for your information about my query,
From India, Jaipur
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