How Can I Claim My Gratuity After Nearly 5 Years of Service? Seeking Advice

I worked with one organization for 4 years and 294 days and resigned from the job, but the company is not giving gratuity. I have approached company officials several times and communicated with them about the decision of the Madras High Court both orally and in writing; however, I have still not received my gratuity amount. I have also submitted a written, humble request letter for gratuity, but I have not received the gratuity amount.

Please suggest what should be done to get the gratuity amount.

Thanks in anticipation.

Regards,
Mahesh

I suppose you are from Pune, Maharashtra. The Madras High Court judgment is not binding upon your case. For entitlement to gratuity, you need to complete 5 years. This issue has been discussed many times earlier in this forum.

Dear Mahesh,

As per the Gratuity Act, employees who have completed at least 5 years of service in a company are eligible for gratuity. If you have confirmed the details of the Gratuity Act and still have not received the amount, you may need to file a case against your employer in the Labour Court.

I hope this information helps in resolving your issue.

Best regards,

Madras High Court Decision on Gratuity

The decision by the Madras High Court is valid only in Tamil Nadu.

In other states, one must complete 5 years of service to be eligible for gratuity.

Understanding Court Judgments in India

Please remember for all times to come that it is the Supreme Court judgment which can have application in any state in India, whereas the judgment 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 colleagues above that the judgment of the Madras High Court will not be applicable in the instant case; hence, the procedure to be followed for the claim has no relevance.

Regards,
S.K. Johri