Gratuity - Pdf Download - Employee Caste

He will be eligible for gratuity. I am working in PSU and here the gratuity is limited to Rs. 10 lakhs. (Basic pay + DA)
Rules
1.Service upto 1 year = 2 months emoluments
2. Service after 1 year but before 5th year = 6 month emoluments
3. Service after 5 years but before 20 year = 12 months emoluments
Regards,
Manju

Hi Som,
I would like to inform you that after completion of five years of service an employee will be entitled for gratuity, but in some cases, if any employee who has completed 4 years & 240 days of continuous service, and he/she can identify this thing in High Court that he/she has worked 4 Years & 240 days then he/she will be elegible for Gratuity for Five year.
You can see the attachment of Sethupathy for your reference.
Thanks & Regards
Sunil Sharma
V3S Group
Email: [Login to view]

hi
He is eligible for gratuity, we can consider if the employees continuosly worked for 4 years & 8 months in the organisation,
Also there are decision frm the Chennai Highcourt that gratuity can be paid for the period 4 years 06 months also..
To consider we can very well consider as 4 year 08 months as the eligibility for gratuity..
Nimesh Paul
Stringz - HR Consulting, Staffing , Recruiting in Kerala

Dear All,
In this case he is elligible for gratuity, as he has completed completed more than 240 days in his fifth year of service and as per Gratuity Act, if he serves more than six months, it is rounded off to a full year, therefore, he has to paid the amount of gratuity
Mendonca

Dear All,
Yes it is applicable,4 year and 240 days in the fifth year,each year 240 days should be considered.

Employees thosse has worked 4 yrs. & 240 days is eligible for payment of Gratuity as Judgement of Madras High court. (in case of 4 years complete and fifth year if he has complete 240 days.

Yes I agree with Ms Rashmi
For 6 months and above full year to be considered for gratuity calculation.
-prodigytechnologies.in

Dear all
Gratuity is payble if continuous service is 4 years and 240 days (which means completed 5 years) as per the Act and decision of Madras High Court.
Regards
K.Ramachandra
Bangalore

He will not be eligible for Gratuity as per the provisions of the the Payment of Gratuity Act, 1972.

An Employee to be eligible for Gratuity should in the first instance complete continous service of 5 years or more.

In the instant case he has completed service of 4 yrs 11 months & 12 days. The question of 240 days of service as indicated in sub clause (ii) of clause (2)(a) of Section 2 A to confer the status of "deemed to be in continous service" will not be applicable while deciding the initial qualifying period of 5 years. The Judgement quoted by one of the members is of the Chennai High Court, and would not be applicable in Delhi. The directions given by the Chennai High Court can be challenged in the Supreme Court of India. Any final interpretation of this issue can only be decided by the Supreme Court of India. However till such time this issue is decided by the Supreme Court, we have to go by the minimum initial qualifying period as laid down in the Act irrespective of any other consideration.

Regards

Sudhir Savant

Cell No: 08888409104

What is the correct answer to this question, so that the same can be considered in the policy.