Gratuity Eligibility Dispute: Can I Claim It After 4.8 Years in IT? Seeking Guidance

I am working in the IT industry. I was employed with one of the reputed software companies for 4 years and 284 days. At the time of leaving, I inquired about the Gratuity payment. They outright rejected it, stating I had not completed 5 years.

However, after reviewing various legal citations and judgments, I discovered that a person who has completed 4 years and 240 days of continuous service is eligible for Gratuity. I have provided references to all those materials and also shared the Madras High Court judgment (attached):
1998 LLR 1072
MADRAS HIGH COURT
WP NO. 2135 OF 1987
DECIDED ON 12.6.1996

The company is still refusing and insists on the completion of 5 years. I am about to file a complaint with the Labor Commissioner of Pune. Could anyone guide me on the further process?

Location: India
Tags: Madras High Court, software company, Gratuity payment, High Court, Labor Commissioner, eligibility for Gratuity

Regards

Understanding Gratuity Eligibility in India

🕸️ In India, the Payment of Gratuity Act, 1972, governs the payment of gratuity to employees. According to the Act, an employee is eligible for gratuity payment upon completing five years of continuous service with an employer.

Exception to the 5-Year Rule

🕵️‍♂️ However, as per a Madras High Court judgment, employees who have served for a minimum of 4 years and 240 days are considered eligible for gratuity. This judgment is crucial in cases where employees have completed nearly the full five years but fall slightly short due to days.

Steps to Follow for Resolution

1. 🔒 Document Everything: Keep a record of all communication with the company regarding your gratuity claim, including emails, letters, and the company policy on gratuity eligibility.
2. 🧣 Contact the Labor Commissioner: File a formal complaint with the Labor Commissioner's office in Pune. Provide all evidence, including the Madras High Court judgment, to support your claim.
3. ⏰ Follow Up: Be persistent in following up with the Labor Commissioner's office to ensure that your complaint is being addressed.
4. 🔍 Seek Legal Advice: If necessary, consider consulting with a legal professional specializing in labor laws to assist you in navigating the process and ensuring your rights are protected.

Conclusion

☑️ It is essential to understand both the legal provisions and court judgments related to gratuity eligibility to assert your rights effectively. By following the appropriate steps and seeking the necessary support, you can work towards resolving the issue of gratuity payment with your former employer.