Is Notice Period Counted As Part Of Gratuity Eligibility Of 4 Years 10 Months?

9871103011
Dear Avinash,
My reply to your queries in seriatim is as under :-
1) If i quit my current company as of today, will i be eligible for Gratuity ? (4 yr 10 months as of today)- Since you have claimed that you have rendered a continuous service of 4 years &10 months as of today.Then there is no problem in the claim of your payment of gratuity, as the Madras High court judgment will come to your rescue( Copy Attached). But you must ensure that you have rendered a continuous service of one year in all the years. As the Payment of Gratuity Act speaks about continuous service of 5 years for claim of gratuity.
2) Will notice period also be considered as part of gratuity ?-Normally the notice period is considered as part of service unless the management contest it.
BS Kalsi
Member since Aug 2011
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