Gratuity Claim Timeline: Can You Claim After 240 Days in Your Fifth Year?

I have a query pertaining to the timeline to claim Gratuity.

Madras High Court Verdict on Gratuity

As per the Madras High Court verdict, an employee can claim his/her Gratuity if he/she has completed 240 days in his/her fifth year. Please confirm the aforementioned.

I am herewith attaching the Madras High Court verdict for reference, please.

Regards,
Charu

The Madras High Court verdict is not binding on you in Delhi or any state other than Madras. According to me, if an employer from any state other than Madras denies the gratuity claim on the grounds that the employee has rendered continuous service for less than five years, the employee needs to follow the due course of law to obtain the gratuity. However, I suggest that employers pay the gratuity under the circumstances you mentioned in your post. Other members are requested to share their comments on this matter.

Thanks and regards,
Keshav Korgaonkar

Shantadurgaent.com - Insurance Advisors, Corporate Advisors, Legal Advice, Wage and Salary, Labour Compliance Audit, SSI Registration, NOC from

As per the Gratuity Act, an employee has to complete five years of service to become eligible for gratuity. Even if it is short by one day, the employee will not be eligible for gratuity.

Regards,
U. S. Rauthan

I am in complete agreement with the comments of Mr. U.S. Rauthan. Please consider the Madras High Court judgment in the context it has been passed.

I am making it clear as follows:

1. Five years of service are considered from the date of joining up to the date of leaving the service.
2. The criterion of 240 days is taken into account to determine continuous service.
3. Therefore, if an employee works for four years and 240 days, it is not mandatory that they are eligible for gratuity.
4. Upon leaving, the employee should have completed a total of five years of service.

Regards,
U. S. Rauthan

Eligibility to Claim Gratuity

Recently, I have come across a query pertaining to eligibility to claim gratuity. I thought to restart the thread once again as there are mixed responses on the same. I request all the seniors to share the actual facts on the aforementioned, please. My date of joining with the earlier company was 14.08.2006 (2nd & 4th Saturdays were off), and later, I moved to another company within the same group where all Saturdays were working. My last working day was 11.05.2011.

Please help me in understanding my eligibility for claiming the gratuity.

Thank you.

I will complete my 7 years of service, and I will receive the full payment of my P.F. account. However, the company denied to pay our gratuity fund. A total of 12 staff members have resigned from their jobs, and everyone has received the P.F. amount, but the company has denied the gratuity amount. Therefore, please advise on how to claim the gratuity fund in the labor court. Please provide me with full advice.