Gratuity Is Applicable After 4 Years And 294 Days

mahesh.hr22
Dear All,
I was worked with one organization for 4 Years & 294 Days and resigned from job but Company is not giving gratuity. I had approached Company officials several times and communicated them about decision of Madras High Court in oral as well as in writing then also I have not received my gratuity amount. I had given written humble requesting letter for gratuity then also I have not received gratuity amount.
Please suggest what should be done to get gratuity amount.
Thanks in anticipation.
Mahesh
korgaonkar k a
Dear Mahesh ji,
I suppose you are from Pune, Maharashtra.
Madras HC judgement is not binding upon your case. For entitlement of Gratuity, you need to complete 5 years. This issue is discussed earlier many times in this forum.
vasu_123
Dear Mahesh,
As per gratuity act those employee have completed work in a company 5 years. He has eligible for gratuity. whether you have checked Gratuity Act & then you have to file case against employer in Labour Court.
D.GURUMURTHY
Madras High Court decision is valid in Tamilnadu only.
In other states one should complete 5 years of service for Gratuity eligibility.
skjohri1
Please remember for all times to come that it is the Supreme Court judgement which can have application in any state in India, where the judgement of a High Court will have application in the jurisdiction of the Court concerned or in adjoining states. Such being the case, I am in total agreement with my collegues above that the judgement of Madras High Court will not be applicable in the instant case , hence the procedure to be followed for claim has no relevance.
S.K.Johri
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