Am I Eligible for Gratuity After 4 Years and 240 Days in IT? Seeking Advice

I am working in the IT industry and I work 5 days a week. My date of joining the organization: 26.02.2007. My last working day in the organization: 25.09.2011. Since I am not completing 5 years, my company is not willing to pay the gratuity amount due to me. As I have gone through different websites, I found a person who has worked for 4 years and 240 days becomes eligible for gratuity payment, though I didn't find any supporting clause or section. If this is true, then I believe I am eligible for gratuity payment. Can I request your expertise here as I have no knowledge on the subject? Am I eligible or not? If yes, can you provide some supporting documentation which I can forward to my company so that they pay my gratuity amount.

Many thanks in advance.

Regards, Rajkumar

There are a few court verdicts allowing gratuity to those who have not completed 5 years but have completed 240 days in the fifth year, and all these are based on the situations of each case. In the absence of any amendment to the Payment of Gratuity Act, a generalization is not possible. Therefore, you are not entitled to gratuity as per the law.

Regards,
Madhu.T.K

My joining date is 26-02-2007, and my last working day is 25-11-2011, totaling 4 years and 9 months (9 * 30 days = 270), i.e., 270 days I was in the office, including the notice period.

Please update me on whether I am eligible or not according to the Gratuity Rule Act 2A.

Thanks,
Rajkumar R

In one of the cases that came before it, the Madras High Court has held that if an employee had worked for 4 years and 240 days with an employer, he is eligible for gratuity and that he need not have worked for 5 years. You have not stated the state in which you are employed. If you are employed in Tamil Nadu, then based on this judgment, you can claim gratuity from your employer. However, if you are not employed in Tamil Nadu, then the above judgment will not be applicable to you. The Payment of Gratuity Act requires you to work for five years with an employer to become eligible to get gratuity from him.

With regards,

Gratuity Law: Central or State?

I want to know whether Gratuity is governed by central law or state law. If an employee in Tamil Nadu can receive Gratuity after completing 4 years and 240 days, then why is it not the same in Haryana or other states?

Regards,
Vedvert Dalal
(Executive HR)

You are eligible to receive gratuity. Write to the company with a CC to the Labour Commissioner there. You will receive your dues. I will help you draft a letter if required.

Gratuity is governed by central law. The judgment I referred to in my post in this thread was delivered by a single Judge of the Honourable Madras High Court. Therefore, this judgment carries the force of law within the territorial jurisdiction of the Honourable High Court of Madras, which covers only the State of Tamil Nadu. Consequently, all the Courts, Tribunals, and quasi-judicial authorities operating within Tamil Nadu must adhere to this judgment. Authorities in other states must follow judgments issued by the High Courts of their respective states if there is a relevant ruling on this matter.

With regards,