Gratuity - Pdf Download - High Court [Thread 216977]

Hi,

Any one can guide me about the entitlement of Gratuity. There is little bit confusion regarding the entitlement of gratuity. When an employee will be entitled for Gratuity? After the completion of five year or completion of more that 4 year and six month? If I am not wrong there is Karnataka High court judgment also in this regards and as per this judgment an employee will be entitled for gratuity after the completion of 4 years and six month. I need your view in this regard.

Thanks & Best Regards
Arun Gupta
9312010127

dear arun
there is no such judgement by karnatka high court and gratuity appliablity is 5 years only.
regards
js malik

Dear
We do not have any objection if any of the employer gives gratuity payment on completion of 4 years & six months service.If there is any judgement then send it to the employer along with the claim for gratuity.

R.N.Khola

Dear Arun,
The entitlement of Gratuity is 5 yrs Completion of regular service in all industries except News Paper Industries becoz in news paper industries it is 3 yrs .( As per the Working Jounalist & news paper workman Act.)

Hi,
As per Gratuity Act, employee has to complete 5 years of service in the same establishment / factory. then only he was eligible. and one more thing if u have karnataka high court judgement, post here and share with our HR professional.
Regards,
Mouli

Hi,
I have a doubt... in the appointment letters of our company we mention the following
Provisions of the Payment of Gratuity Act will be applicable in case of your retirement or death.
does that mean that only in case of retirement or death gratuity will be payable....???? if yes then can a employer specify such clauses...
Regards
Neha Sharma

Dear Neha,
When the payment is to be made as per the Act itself then there is no need of mentioning anything in the appointment letter but if you wish to give more favorable amount then we must specify while finalizing the terms & conditions of employment.If at all if we put such conditions which are contrary to law then those conditions are to be treated as null & void.Go through the Payment of Gratuity act, 1972 if applicable to your establishment & adhere to the provisions as provided in this law.

R.N.Khola

Thanks Mr. Khola for resolving my query. that means its useless to specify in case of retirement or death. even if person completes 5 yrs then too the employee is eligible for gratuity.
Regards
Neha

Dear Neha,
Of course. Five years of continuous service as per section 2A of the P G Act, 1972.

You are correct. On completion of continous 4 yrs 6 mths service, employee is entitled for Gratuity. Madras high Court judgement is available in this regard.