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Prem Prakash Pant
My friend joined a company on 15th Nov. 2006 and his last working day was 7th Sep 2011 there. Is he entitled to gratuity?

KK!HR
1531

Yes, he is entitled to gratuity as per the Madras High Court judgement in Mettur Beardsell matter. He has completed more than 4 years 240 days service, so it entitles payment of gratuity.
From India, Mumbai
Srinath Sai Ram
609

Dear Mr Pem, Even if Employee is eligible for Payment of Gratuity as informed by Hon,ble Member KKIHR, Claim will be rejected solely on the ground that Claim not submitted within 3 Years. there is no Point in debating abot an Employee who has Quit his Job in 2011, in 2023.Please make good use of this forum with Realistic Questions.
Please find attached herewith Judgement-M_S_Karnataka_Tv_Accessories_vs_Smt_J_H_Vanishri_o n_10_June_2019 for your perusal

From India, New Delhi
Attached Files (Download Requires Membership)
File Type: pdf M_S_Karnataka_Tv_Accessories_vs_Smt_J_H_Vanishri_on_10_June_2019.PDF (206.7 KB, 12 views)

KK!HR
1531

On the point of limitation in applying for gratuity, the PGA 1972 has not set any limitation. The important point is that it is for the employer to pay the gratuity on its own, it does not require the employee to apply for or produce any 'No Demand Certificate'. Indeed, the law contemplates payment of interest for any payment delayed beyond a month. In the referred judgment, the claim of the employee was rejected as firstly the Act was not at all applicable.
From India, Mumbai
Srinath Sai Ram
609

Dear Member, Please peruse attachment-Application for Gratuity by an Employee.
From India, New Delhi
Attached Files (Download Requires Membership)
File Type: doc Gratuity Form I.doc (25.5 KB, 10 views)

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